Divorce due to harm according to Kuwaiti law.

 Divorce due to harm according to Kuwaiti law.

Divorce is:

The separation of the spouses, whether from him or her, is permissible for need, if the woman is harmed, so that she is almost redeeming herself, and if her husband knows that she is harmed, then it is permissible for him to divorce her if he wants to do so, meaning: if he needs divorce even if there is no harm, and he is disliked because of it If the condition is continuous and the wife is valid, has a list of rights, and does not have a deficiency, then her divorce is disliked because it is not needed.

Undoubtedly, divorce results in harm, so we see the distinction between children and the differentiation between spouses, who must be in good condition between them. On this subject, future makers have conducted this poll on the topic of harm divorce.

Maltreatment

* At the beginning, lawyer Abdulaziz Al-Afaisan said that the reasons for divorce harm are many, including abandonment, lack of spending, marital abuse, and other reasons that lead the wife to seek divorce and end the continuous marital relationship with the husband.

10% void

* As for the lawyer, Abeer Al-Fawaz, she said that a divorce of harm is permissible for women and men on the basis that there are problems, but we find some men resort to harm divorce to disavow the obligations that occur after the divorce from the expense of the pleasure and the waiting period and may reach to recover the dowry or part of it, and she said that 10% of women claim harm Without actual harm for their own reasons to escape from marriage.

Financial reasons

* For her part, the lawyer, Hadeel Al-Enezi, said that I think that the Personal Status Law, with its gaps, contributed to the increase in the divorce of harm, as there are many negatives in it that gave women greater rights in some matters such as housing, custody, alimony, etc. I think that the majority of divorce cases are for financial reasons. It has been accompanied by developments, and we must keep pace with these developments by reformulating laws.

Break your habits

* Attorney Hessa Al-Ubaid is her personal opinion that the causes of harm divorce are common between the husband and wife, as both bear the responsibility for the divorce. If there were no problems and the failure of one party to another, the matter would not have come to separate through the court.

She said, however, it has been common in Kuwaiti and Gulf society in general that the woman, since she is the weak party, is the one to file a suit for a separation for harm, although at the present time many men are suing for a separation for harm.

She added that unfortunately, in the concept of some women, harm divorce has become a liberation from customs, as going to the courts has become liberating and free.

Al-Ubaid added that the separation of harm is a right given by the law to whoever suffers harm from both spouses, but many husbands abuse this right unfortunately, especially since moral harm is difficult to prove by material evidence or witnesses, so that divorce is an inevitable matter in front of moral harm, which is often artificial at the present time. Whoever demands separation due to harm before the courts, and the main goal is revenge, as I said earlier.

* For his part, lawyer Abd al-Rahman Mubarak al-Othman said that the reasons for divorce due to harm, whether from the husband or wife, are many and cannot be counted because they are renewed and developed, as the damage may be even in the transaction or dealings.

Reasons for a woman's divorce due to harm from her husband according to the Personal Status Law:

1- Non-spending, if the husband refuses to spend on his wife and insists on not spending despite his ability to do so.

2- The existence of a defect, which is that the wife finds her husband a severe and incurable defect and is affected by that, provided that she is not aware of this defect before marriage.

3- Existence of harm if the wife claims that the husband has suffered harm, for example if it is a habit to beat her, and the law considers the husband’s absence from the wife as a harm.

4 - Other reasons, such as being harmed by the husband’s mistreatment or neglecting his home in terms of family, moral, material or nationality, or because of drug abuse or the like, or because there is no parity between them in terms of scientific, cultural, material, or social aspects.

It is worth noting that the lawsuit - divorce for harm - can be filed from the wife and he is asked to prove the harm by all means of proof, whether by witnesses or documents that support her claim and the validity of her request so that the court can respond to her.

It can also be removed from the husband and he is also required to prove the damage by all methods of proof, whether by witnesses or documents that support his claim and the validity of his request so that the court can respond to his request.

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