KCC 195, 200/2002 on 22/12/2002

This case involved a claim by a divorced mother for custody and maintenance. Key points included the date from when the maintenance should be calculated and the impact of an earlier ruling in Syria. As the mother had asked not to implement the ruling in Syria but Kuwait as the husband and children were Kuwaiti the issue could be considered in Kuwait.

Background

An appellant in the appeal no. 195/2002, personal status, filed a claim against the respondent requesting the confirmation of her custody to her son and to request the respondent pay her all types of maintenance. She claimed that he was her ex-husband who had divorced her after she had five children including the one which was the subject of the custody issue. The ex-husband refused to pay maintenance. The court issued a ruling confirming her custody of the child and requested the ex-husbandpay maintenance starting from the date of the case. The ex-husband appealed the ruling and the court of appeal amended the ruling by requesting him to pay maintenance from 1 June 2002 and upheld the rest of the ruling.