Parepare Religious Court Decision No. 128 of 2013: Irrevocable Divorce Granted Due to Gambling and Extended Separation

The parties were married on 10 November 1999, after which time they had lived in a rental property for 11 years. They had three children. The plaintiff submitted that, as early as 2000, the parties' marriage had become quarrelsome because the defendant had:

  1. developed a gambling addiction; and
  2. never provided the plaintiff with any financial support.

On 23 December 2010, the plaintiff left the defendant, returning to her parents' home. The parties had subsequently remained separated for the two years and four months leading up to the proceeding. The plaintiff, accordingly, requested that the court grant her an irrevocable divorce (talak satu ba'in sughra), and that, owing to her own impecuniosity, it exempt her from any court fees.

Despite the defendant's absence from court, the court, pursuant to art 39(2) of Law No. 1 of 1974, art 19(a) and (b) of Government Regulation No. 9 of 1975, and art 116(a) and (b) of the Compilation of Islamic Laws, acceded to the plaintiff's request on the grounds that the defendant had developed a gambling addiction, and that the parties had been apart for more than two consecutive years. The court also ordered the state to bear the plaintiff's costs.

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