Muslim Divorce due to Incarceration of Husband

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Under Muslim law, there are provisions for divorce due to incarceration of the husband. If your husband has been convicted of a crime and is sent to jail for 7 years or more, then you can go to Court to file for a divorce.

Such decree for divorce may be granted only if the husband’s sentence has become final, either after the appeal process is over or after the time for filing an appeal has expired.

The marriage does not automatically dissolve upon your husband’s incarceration, and you must obtain a decree of dissolution from the Court.

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