Kuwait Court of Cassation principle number 2013

An action for obedience and an action for marital disobedience. Their difference from an action for divorce on grounds of harm. Reason therefor. The former is based on desertion and the wife’s breach of the duty of shared residence in her husband’s home, while the latter is based on the wife’s allegation that the husband has harmed her to an extent rendering continued marital life between them impossible. Consequence thereof. The judgment rendered in those two actions does not indicate the absence of grounds for separation. - Separation on grounds of harm. Its cases. Either spouse suffering harm from remaining married, whether attributable to a material cause indicating that the other spouse has inflicted harm by words or deeds, where such harm is established, or attributable to other causes of discord, such as aversion or intense hatred, even if harm by the husband is not established. Reason therefor. The impossibility of continued marital life between the spouses. - Harm warranting separation between spouses. Its assessment is exclusively for the trial judge, by virtue of the judge’s authority to ascertain and understand the facts of the action and assess the evidence.