KCC 2223/2018

This case involved the right to benefits for a disabled son and the right to custody. The mother was divorced from the father and had already been granted custody in a previous ruling.

Background

A claimant filed a case against two defendants before the court. She requested the court to validate her right to take care of her disabled son. She said that she was married to the first defendant and she had got divorced. She said that her son had been put into her custody.

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. She said in her grounds of appeal that the ruling had erred in the application of law. She said that a ruling hd already been issued and gave her the right to take care of her son.

Decision

The court said that this argument was valid. The court said that Kuwait Law No. 12/2011 stipulated that the grant paid to the disabled person should be received by the person who took care of the disabled person.