Kuwait Court of Cassation principle number 1930

The scope of the action is determined by the judicial claim, whether original or incidental. Consequence thereof. The court, when deciding it, must not go beyond its scope. - The female appellant limiting herself to seeking judicial divorce without its resulting financial consequences, and without the respondent submitting an incidental claim in this regard. Consequence thereof. The scope of the action before the - 349 - Civil Procedure appellate court is confined to the claim for judicial divorce submitted before the court of first instance, and no other claim. The judgment granting judicial divorce while depriving the female appellant of consideration. This renders it defective and requires its cassation.