Kuwait Court of Cassation principle number 30

Summary: - The wife’s submission of a khul‘ divorce certificate establishing that the marital ties have been severed—a first irrevocable khul‘ divorce, with the Sharia waiting period incumbent upon her—in accordance with the parties’ mutual agreement, and her acknowledgment that she is in a condition in which divorce is valid. Her becoming divorced from her husband by a first irrevocable khul‘ divorce. Consequence: termination of the litigation in the action(*). Rule: Whereas the court considered the appeal as recorded in the hearing minutes, the appellant appeared through an agent who submitted a bundle of documents containing a copy of Khul‘ Divorce Certificate No. 107 dated 1/5/2013, authenticated by the Sharia Authentication Department, recording the khul‘ divorce between the parties, whereby the respondent ..................... divorced his wife, the appellant .................., by khul‘. The wife authorised the judge to offer her husband her deferred dower and her marital maintenance awarded by Judgment 2495 of 2011, Ja‘fari Personal Status, and Appeal No. 4002 of 2012, Ja‘fari Personal Status, after 1/2/2013, so that he would divorce her by khul‘. She acknowledged that she was in a condition in which divorce was valid. The husband likewise authorised the judge to accept what the wife offered and divorce her in return for it .... By virtue of the foregoing, the aforementioned wife became divorced from her husband by (a first irrevocable khul‘ divorce), and the Sharia waiting period is incumbent upon her. The respondent did not appear. The court therefore decided to reserve the appeal for judgment at today’s hearing. Whereas it is apparent from Khul‘ Divorce Certificate No. (107) dated 1/5/2013 that the marital ties have been severed in accordance with the parties’ mutual agreement, and the dispute has thereby been resolved, judgment must therefore be given terminating the litigation in the action.