Parepare Religious Court Decision No. 146 of 2013: Irrevocable Divorce Granted Due To Extended Separation

The parties were married on 28 July 1988 and had four children. The plaintiff submitted that the parties' marriage had been harmonious until September 2006, after which time the defendant had married another woman, unbeknownst to the plaintiff. Since June 2010, when the defendant left the plaintiff to be exclusively with his other wife, the parties had not been in contact. The plaintiff submitted that the past two years and 10 months leading up to the proceeding had caused her great emotional suffering, and that she no longer held onto hope that the parties would reunite. Accordingly, she requested that the court grant her an irrevocable divorce (talak satu ba'in sughra).

Despite the defendant's absence from court, the court, pursuant to art 19(b) of Government Regulation No. 9 of 1975, and art 116(b) of the Compilation of Islamic Laws, acceded to the plaintiff's request on the grounds that the parties had been separated for more than two years.

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