Kuwait Court of Cassation principle number 447

The law of the father's nationality applies to guardianship over the person and custody. Article 43–Law 5 of 1961 concerning the Regulation of Legal Relationships Involving a Foreign Element. - 432 - Civil Procedure - The obligation of maintenance between relatives and relatives by marriage is governed by the law of the person owing it. Article 45/1 of the same Law. The guardian of the child in custody is entitled to attend to the child and inquire into the child's circumstances. Its implication: the female custodian may not reside with the child in custody in a country other than the guardian's country without his permission. The basis thereof. Article 195 of Law 51 of 1984 concerning Personal Status and the school of Imam Malik. - The female custodian's permanent residence with the girl in her custody in a foreign state other than the guardian's country without his permission. Extinguishes her right to custody. Its effect: extinction of her right to maintenance for the girl in custody and her housing allowance. A judgment contrary thereto. An error in applying the law requiring its cassation.