Kuwait Court of Cassation principle number 1083

The mother's entitlement to custody. Is the general rule. Its condition. - The subsistence of marriage between the father and mother requires the latter to reside in the matrimonial home without leaving it without his permission. - Assessment of the grounds for forfeiture of custody is a question of fact. Its assessment belongs to the court of merits. Its condition. - The judgment depriving the mother of custody of the 2 young children because she left the matrimonial home and travelled to another country without the husband's permission and without complying with the court's order to return with them to the matrimonial home. Does not render it defective.