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Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27510 | نسبة الرضا 98.6%

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How to file divorce??

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How to file divorce??

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إجابة الخبير: Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27510 | نسبة الرضا 98.6%

We would like to inform you that you can file divorce lawsuit  by the wife by filing a divorce lawsuit in the competent family court because of the harm of the other, in word or deed, in a way that the ten can not last between their likes, and that the court must make every effort to reform between the spouses. The two judgments must know the causes of discord, and exert their efforts to reconcile the spouses in any way possible, and if the two judgments are unable to reconcile:
- If it becomes clear that all the abuse is from the husband, and the wife is a student of separation, the two provisions suggest a separation, obligating him to all the rights resulting from marriage and divorce.
And if the husband was a student of separation, the two arbitrators suggested dismissing his claim.
- And if the offense was entirely on the part of the wife, and they suggested separating the spouses, in return for the return of the dowry she had received, and forfeiting all her financial rights arising from marriage and divorce.
- And if the offense is common, they suggest a separation without compensation or mosquitoes commensurate with the offense.
- And if the responsibility of the two spouses is not known, and if the applicant for separation is the husband, they suggest that his case be rejected, and if the wife is the applicant, or if both of them are requesting a separation, the two arbitrators suggest a separation without compensation.
Note that the separation of damage is a divorce.

This is according to the provisions of the Kuwaiti Personal Status Law, which reads: -
Article 126

Each of the spouses, before or after consummation, may request a separation, due to the harm of the other in word or deed, in a way that is not possible with him to perpetuate ten between their likes.
Article 127
The court must make every effort to reconcile the spouses, and if it is not possible, it shall appoint two judgments for reconciliation or separation.
Article 128
In the two provisions, they are required to be just from the family of the spouses if possible, otherwise it is from others who have good understanding and the ability to reform.
Article 129
The two judgments must know the causes of discord, and make every effort to reconcile the spouses in any way possible.
Article 130
If the two judgments are unable to reform:
- If it becomes evident that all the abuse is from the husband, and the wife is a student of separation, the two provisions suggest a separation, and obligate all the rights resulting from marriage and divorce.
And if the husband was a student of separation, the two arbitrators suggested dismissing his claim.
- And if the offense was entirely on the part of the wife, and they suggested separating the two spouses, in return for the return of the dowry she received, and the forfeiture of all her financial rights arising from marriage and divorce.
- And if the offense is common, they suggest a separation without compensation or mosquitoes commensurate with the offense.
- And if the responsibility of the two spouses is not known, and if the applicant for separation is the husband, they suggest that his case be rejected, and if the wife is the applicant, or if both of them are requesting a separation, the two arbitrators suggest a separation without compensation.
- The differentiation of damage is a dirty shot.
Article 131
A- The two judgments must submit their detailed report to the court, and the judge may rule accordingly, if it is in accordance with the provisions of the previous article.
- If the two judgments differ, the court shall include to them a third probable judgment, other than the relatives of the spouses, who is able to reform.
Article 132
A- The three arbitrators submit their report by agreement, or by majority, to the court, for a ruling on the case, in accordance with Article 130
- If their opinions are divided, or if they do not submit a report, the court proceeds with the lawsuit according to the normal procedures.
Article 133
The damage is proven by the testimony of two men, or a man and two women.
Article 134
In proving the harm, it is sufficient to testify by hearing based on fame within the spouses' life, and this testimony is not accepted to deny the harm.
Article 135
The testimony of the relative, and those related to the witness, shall be accepted, whenever they are qualified to testify.
 

إسأل Attorney

Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27510 | نسبة الرضا 98.6%

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