Evidence in personal status matters according to Kuwaiti law.
Summary of rules
Evidence in personal status matters:
1- Methods for establishing lineage. Bed, acknowledgment and evidence. What is meant by bedding.
The minimum duration of pregnancy. Six lunar months.
2- Certificate of origin for its branch and branch due to its origin in the doctrine of Imam Malik. It is not legally acceptable. Bug that. Example.
- Not relying the judgment in its judgment on the statements of witnesses. Obituary on it. Does not happen to place from the judiciary judgment.
3- Spouses differing in spending or not with their agreement on entitlement. On whom the burden of proof falls according to the Jaafari school of thought.
- Certificate of origin for its branch and branch of its origin. Unacceptable. Bug that. All relatives certificate is acceptable.
4- The decisive oath. Bug directed. She is a refuge for her student when she lacks other means of proof. What is required for that. It is related to the person to whom it was directed. The basis for that. An example regarding the inadmissibility of directing the decisive oath because the incident was not related to whom it was directed.
5- The basic principle in testimony is that it is not permissible for a witness to testify about something that he has not observed. The exception. Matters of lineage, death and marriage. It is permissible to take the auditory testimony on it. Condition that.
- Judging the judgment not to take the audiological testimony into account in divorce. A defective mistake that should be distinguished.
6- The wife’s consent to divorce. The burden of proof is on the husband.
7- The opinions of the arbitrators appointed in the case are divided. Its effect. The court follows the usual procedures. Resorting to an investigation. permissible.
- The court extracted from the statements of the two contested witnesses, the persistence of the discord between the two parties in such a way that it is not possible for him to last for ten without deviating from what the meaning of testimony leads to. There is no place to mourn him in this regard.
8- Appointment of arbitrators. The original in it. That one of them be from the husband's family and the second from the wife's family. So bug and its basis. Appointing the wife's father as a legal person. permissible.
9- Proving marriage to the dead. Its implications. Sentenced.
- A lawsuit for proof of matrimony against the dead is only accepted as part of another right lawsuit. Bug that. An example of a request for nullity of divorce from a deceased person not filed in a right lawsuit.
10- The difference of the spouses in receiving what has become of the dowry. Adopting the wife’s words before entering and the husband’s saying after him, unless there is evidence or knowledge to the contrary.
11- The quorum of the testimony necessary to prove anecdotal review. Two men or a man and two women. The provisions of the Personal Status Law do not have the ruling of actually proving review. Subordinate. Refer to Imam Malik's doctrine, in which the quorum of testimony differs according to the testimony.
12- Certificate of origin for its branch and branch of its origin. Not accept it. Bug that. Obligation of the absence of the charge from the witness. Testimony of other relatives of each other. Are acceptable. police. The denial of the accusation, and the possibility of bringing in a profit or paying a felony.
Differentiation of harm. It is permissible to accept the testimony of a relative and anyone related to the witness, as long as they are qualified to testify, as an exception from the general principle AD 135 BC 51/1984.
13- Shahada. Origin to be direct. Testimony by hearing. Her acceptance in proving the husband's harm to his wife by that the witness testify about something that he did not see with the eye or with hearing by himself that he had heard it from a group who did not imagine their complicity in lying, and the news became frequent with him and he fell in his heart with her sincerity. Bug that. Both fixed by frequency and perceptible.
Testimony by hearing or by hearing. It differs from testimony by hearing in the legal sense, and it comes from the litigant who is attested to himself and is transmitted from him.
14- House equipment and belongings. What it is: Everything that spouses bring to use in the marital home. They differed about it. The implication is: what is known to be for a man to be judged for him with his oath, and what is known that for a woman a woman is served with her oath.
15- The Personal Status Law does not specify the quorum for testimony in matters of obedience. Its effect. Refer to Imam Malik's doctrine, which limits its quorum to two men, and the testimony of women is not accepted with men. Obligation referee that. Not against the law.
16- Harming one of the spouses to the other in harmony with which he is not able to last for ten according to the Jordanian Personal Status Law. Justification to differentiate them. That damage must be proven.
17 - Extraction of the husband's harm to his wife, either verbally or in words, with which it is impossible for the marital life to continue between them. Reality of the authority of the subject court. police.
18- House equipment and belongings. What it is: What spouses bring after entering for use at home. The dispute between them about it. The implication is: what is known to be for a man to be judged for him with his oath, and for what he knows that for a woman he is judged for her with her oath. Jewelry and decorations, which are known to be for the wife, and the Personal Status Department is competent to consider the dispute over them.
19- Not raising the issue of the signs of puberty appearing on the boy before the Court of Appeal. A new defense mixed with reality and law. Its effect. Not being accepted before the Court of Cassation.
20- The basic principle in testimony is that it is not permissible for a witness to testify about something that he did not see with eye or with hearing by himself. The exception: issues including lineage, death and marriage. The legality of the marital home and the extent of the husband’s trust in his wife are not an exception. Violation of the ruling that. An error that should be distinguished.
21 - Obligation of maintenance for the woman in waiting for a divorce, annulment, entry into a corrupt marriage, or suspicion. Not to fall except by performance or discharge.
22- Testimony of hearing in Malik's doctrine. It is permissible, contrary to the original in establishing lineage, as long as the time for hearing is not long.
- The testimony of women in the Maliki school of thought. Accepting it from them alone, while it is not apparent to men or seen by others. Effect of it. Proof of lineage and inheritance with the testimony of two women of childbirth and initiation of the newborn.
The permissibility of the judiciary according to the evidence of the circumstances and the Emirates. The clues take the place of the witness. The reason for that: Judgment is an understanding, and there is evidence that is stronger than evidence and harm, and they are two reports related to truth and falsehood.
23- Conflict over establishing lineage from an unfertilized man or a person with a congenital defect or disease that prevents him from having a child. The court may seek the assistance of experts. Inclusion otherwise of that case. Bug that.
Competence in personal status matters.
24- The wife may file a divorce lawsuit before the Kuwaiti courts whenever she has a residence in Kuwait. The basis for that.
- The ruling refusing to pay after the jurisdiction of the Kuwaiti judiciary to institute the contested against it in the State of Kuwait. Right.
25- The assessment of the lawsuit’s value in relation to the quorum of the appeal shall be based on the litigant’s last requests. Bug that.
- The final quorum of the plenary court is five thousand dinars. It includes all disputes that the aforementioned court has jurisdiction to adjudicate in the first instance.
The principle is that it is not permissible to appeal judgments issued by the court of first instance in a final way. The exception.
- Appellant determines his requests in front of the first degree. Clearance of his liability from the convicted alimony debt and obligating the respondent to return the amount of KD 2920 is in fact one request to refund that amount on the basis of which the value of the lawsuit is estimated, and the judgment issued cannot be appealed due to the lack of quorum. Violation of the appealed ruling, this consideration and the implicit judgment that it is permissible is a defect.
26- Specific jurisdiction: attributing it to the court, not its departments. The general assembly assigning the court to adjudicate specific cases to the various court departments is not a matter of specific jurisdiction, but rather an administrative division of work between those departments. Exception: Cases in which the law specifically provides for a division of the court’s departments with competence to consider certain matters without this precluding its competence to consider other matters that fall within its specific jurisdiction of the court, unless the law stipulates otherwise. Example: Personal status departments consider other matters not related to personal status.
27- Judgments issued in matters of personal status. The original acceptance of the appeal, whatever the value of the dispute. The exception: matters of inheritance, will, endowment, and dowry. The judgment issued by the High Court shall be final. Condition: its value does not exceed five thousand dinars.
28- Apparatus and household goods in the Maliki school of thought. Intentional. What the spouses bring after entering for use in the marital home. They differed about it. Its effect. He is judged for all that he knows that for men and for women all that he knows that for women with an oath of either of them. Ornaments and decorations from what is known to be for women. Dispute about it is considered one of the matters related to personal status. Its performance. The jurisdiction of the Personal Status Department of the Supreme Court and the Court of Appeal to decide on it.
29- Personal status disputes. The jurisdiction of the Supreme Court to rule on it in the first instance unless the law stipulates otherwise. Those judgments are subject to appeal, regardless of the value of the dispute. Exception: inheritance, will, endowment and dowry lawsuits. The expiry of its initial provisions if its value does not exceed five thousand dinars. Example.
30- The legislature’s establishment of one personal status department in the various courts to examine their disputes does not prevent their general assemblies from establishing more than one department for their consideration and making each one of them specializing in a specific type of those disputes. Spend any of these departments in a dispute that falls within the jurisdiction of another circuit. There is no violation of the rules of specificity. Bug that. This division is an internal organization.
_ For more information and free legal advice, we are honored to contact you via a mobile phone 50424375 📱
#lawyer #attorney #worklaw #housemaid #worker #law #court #release #visa #transfervisa #intracompanytransfervisa #lawfirm #release #transfer_visa#passport#indemintry #sallary_issue #run_away_case #abscond_case #marriage #contract_marriage#family_cases #DIVORCE_CASE #divorce_contract #child_custody #custody_issue #alimony_case #child_support #expense_issue #criminal_issues #drugs_case #drug_issue #Drunk_driving #alcohol_abuse_issue #assault_case #homicide_issue #kimbyala_case #remove_ravel_ban #Rental_issues #law_firm_In_kuwait#kuwait #kuwait #kuwaitinstagram #kuwaitcity #kuwaiti #kuwaitwomen #kuwaitfashion #lawyeredup #lawyermom #lawyerinthemaking #lawyerslife #lawyering #lawyerfashion #lawyersoffice #lawyers #lawyerjokes #futurelawyer #lawyerlifestyle #lawyersfashion #lawyerstyle #lawyergirl #lawyerproblems #lawyerup #lawyerstatus #lawyertobe #lawlesslawyer #lawyerlife #lawyer #instalawyer #immigrationlawyer #lawyersofinstagram #lawyerquotes #criminallawyer #kuwaiti #kuwaitgirls #kuwaitpic #kuwaitfashion #kuwaitlove #kuwaitpho #kuwaitinsta #kuwaitvape #kuwait__kuwait #kuwaitart #kuwait_city #kuwaitinstgram #kuwait_photo #prilaga #kuwaitfood #kuwait #kuwaityat #kuwaity #kuwait #kuwaitstyle #kuwaityiat_net #kuwaitcity #kuwaitphoto #kuwaitcars #kuwaitwomen #kuwaitinstagram
