KCC 323/2001
This case involved whether an aunt could receive custody of some children after her sister married a foreigner.
Background
A claimant filed a case against two defendants before the court. She requested the court to dismiss the latter's custody of the children and validate her right to receive their expenses. She said that second defendant was her sister and that she got married to a foreigner.
The court ruled that the childs' custody should be dismissed and that it should be transferred to the claimant. The court ruled that the claimant had the right to receive the expenses as well.
The first defendant appealed the ruling before the court of appeal. The court dismissed the appealed ruling.
The first defendant appealed the ruling before the court of cassation. He said in his grounds of appeal that the appealed ruling had erred in the application of law and had insufficient evidence of causation. He said that the court established its ruling on the grounds of Article 189(1) of Kuwait Law No. 51/1984 and dismissed the previous ruling that validated his custody.