KCC 78/2001
This case a woman wished to validate her custody of her children. A key point was the husband's defence that she did not live in Kuwait or have housing for the children there could not be introduced for the first time before the court of cassation.
Background
A woman filed a case against her previous husband before the court. She requested the court to validate her custody of her children.
The court ruled that the children should be under the custody of their mother.
The previous husband appealed the ruling before the court of appeal. The court amended the appealed ruling and said that the children should live in Kuwait.
The previous husband 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. He said that woman was Saudi citizen and that she did not live in Kuwait and did not have housing in order to live with her children. He said that he had maintained before the court that the woman did not have an interest in filing the case but the court dismissed this defence.