Kuwait Court of Cassation principle number 2017

Lineage according to the Maliki school. Its establishment by the marital bed, acknowledgment, or evidence. - The marital bed. Its meaning. It is the marital relationship existing between the man and woman at the commencement of pregnancy. The wife's pregnancy during the subsistence of marriage. Its implication. Establishment of the child's lineage to her husband by the marital bed. Condition thereof. The possibility of intercourse between the parties and the passage of the minimum gestation period before birth. - The man may deny lineage within seven days from the date of birth or knowledge thereof, and may institute proceedings for mutual imprecation within fifteen days from that date. Articles 166, 169, 176, 177 of the Personal Status Law. - Establishment of lineage. The governing principle is precaution as far as possible: it is established despite doubt and based on rare possibilities that cannot be conceived. Reason therefor: presuming the woman's righteousness and preserving the child's life. Conflict between evidence of affirmation and denial. Affirmation takes precedence. Example. - 368 - Civil Procedure 8- Actions concerning inheritance, wills, and endowments:-