Kuwait Court of Cassation principle number 454

The husband's imprisonment. A form of harm warranting judicial divorce. - Issuance of a final judgment sentencing the husband to imprisonment for 3 years and commencement of its execution. It permits the wife, after - 406 - Personal Status the passage of 1 year from the date execution commenced, to seek judicial divorce. Its criterion: the wife suffers harm from the husband's separation from her. The judge orders separation by an irrevocable divorce without writing to the husband or waiting, as is done in the case of an absent husband. The reason therefor. Example concerning an order for separation by an irrevocable divorce following a final judgment sentencing the husband to imprisonment for 7 years.