Kuwait Court of Cassation principle number 2744

Discontinuance of proceedings in an action. It does not apply to actions whose subject matter concerns public policy, including actions to establish an irrevocable divorce. - Actions to establish an irrevocable divorce are status actions. Reason: divorce gives rise to rights and prohibitions whose observance God Almighty has enjoined and to which the positive legislator has attached legal effects. A dispute arising between the litigants as to a revocable divorce becoming irrevocable. It must be resolved to block the means to wrongdoing and avert harm. Implication: issuance of a final divorce judgment challenged by cassation does not put an end to the dispute except upon issuance of an irrevocable judgment. Consequence. Inadmissibility of discontinuance of proceedings before the Court of Cassation because it does not resolve the dispute. Effect thereof. Inadmissibility of the appellant's discontinuance of the proceedings therein.