Kuwait Court of Cassation principle number 4446

The plea that a marriage action may not be heard upon denial. Its two cases: where the marriage is not established by an official document, or where the denial was not preceded by an acknowledgment of marriage in official papers. Article 92 of Law 51/1984 concerning Personal Status. Its true nature: a substantive plea of inadmissibility of the action. Its consequence: it may be raised at any stage of the action. The purpose of prescribing the plea: to manifest the dignity of the marriage contract and prevent forgery and stratagems aimed at achieving unlawful purposes. This plea concerns public policy. Example. - The judgment's declining to administer the decisive oath. Correct, so long as it confined itself to ruling that the action could not be heard and did not address its merits. - The plea of forfeiture of the right to custody:-