KCC 86/2001

This case involved a child's legitimacy and the minimum period of a pregnancy for such cases.

Background

A claimant filed a case against defendants before the court. He requested the court to dismiss a child's parentage and to dismiss the birth certificate of the child. He said that he got married to the first defendant and that she gave a birth to a baby before the required period.

The court dismissed the case.

The claimant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

The claimant 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 Article 169 and 173 of Kuwait Law No. 51/1984 that the child should belong to the father if the pregnancy period was six months. He said that he got married from the first defendant on 03/09/1992 and that the she gave a birth to the child on 03/02/1993.

Decision