KUWAIT CITY, June 6: The Court of Appeals upheld the ruling of a lower court that granted irrevocable divorce to a woman and obligated her to complete the waiting period once the ruling is declared final. According to the case files, the woman’s lawyer Attorney Mohammad Safar based his argument on the fact that his client got married to the defendant under a marriage contract and she gave birth to their children.

However, the defendant mistreated her and her family, so she could not continue living with him in this manner. She previously filed a divorce lawsuit on grounds that the husband harmed her and the court responded to it; but upon appeal, she reconciled with the husband. She asked for divorce after causing her harm once again; hence, it is no longer possible for them to live together. She is afraid that she will not fulfill her marital duties, and that she will offer to return to him the entire dowry he paid in exchange for him divorcing her in accordance with the Personal Status Law.

Safar clarified that the legislature approved the divorce system to prevent harm and relieve the embarrassment of both parties to the marital relationship, as it allowed married couples to divorce by mutual consent. If they do not agree, the wife has the right to divorce if she gives up all of her legal financial rights including the dowry, completes the waiting period and immediately returns the dowry paid to her.

This is in addition to her admission that she hates life with her husband and that there is no way for life to continue between them. If the husband does not agree, the court will try to reconcile the spouses and then appoint two arbitrators to follow up. If reconciliation is not achieved and the two arbitrators also fail to do so, the court verifies if the wife returned the dowry after checking her declarations and then grants the divorce.

By Jaber Al-Hamoud, Munif Naif
Al-Seyassah/Arab Times Staff and Agencies