KCC 720/2011
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Birth, Divorce, Marriage, Children
Copyright
LexisNexis
Decision date
25 Jun 2012
Catchwords
Illegitimacy – Birth Registration – Divorce - Marriage
This case involved a request by a mother to be able to register the birth of her son. Her former husband had tried to claim he was able to block this as the child was of unknown parentage. This was incorrect as the parties had been legally married and the woman had been five months pregnant at the time of the divorce.
Background
A claimant filed a case against the first defendant and other defendants and requested the court to validate her right to register her son and receive his formal document.
The court validated the claimant's right.
The first defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision
The first defendant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had insufficient evidence of causation and he had used his legal right not to register the child of unknown parentage and that he was not restricted by the content of a divorce document.