KCC 31/2007/1
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Divorce, Children, Passports, Civil Courts, Jurisdiction & Choice of Law
Copyright
LexisNexis
Decision date
18 Jun 2007
Catchwords
Divorce – Children – Passport – Court – Jurisdiction – Personal Affairs – Civil Case
This case involved the request by a parent that their former spouse be required to give up their daughter's passport. The key issue in the case was whether this was a civil case which should be heard by this court or a personal affairs case which should be heard by the personal affairs department.
Background
A claimant filed a case against a defendant and requested the court to order the defendant to give up her daughter's passport. The claimant stated they had divorced the defendant.
The court rejected the case.
The claimant appealed the ruling before the court of appeal. The court abandoned the appealed ruling and ruled that the defendant should give up the daughter's passport.
Decision
The defendant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law and that the court consider the case although the department of the personal affairs department should have considered it.