Bojonegoro Religious Court Decision No. 19 of 2016: Irrevocable Divorce Granted

The parties were married on 3 December 2002 and had one child. They had lived with the defendant's parents for seven years and three months. The plaintiff submitted an application for divorce on the grounds that:

  1. since March 2010 the parties had begun to quarrel frequently; and
  2. the cause of their quarrelling was that the defendant had turned to gambling, drinking and playing billiards, neglecting his spousal responsibilities in the process.

As a result of the parties' quarrelling, the plaintiff had left the defendant for her parents' home in March 2010 and the parties had remained separated for five years and nine months.

Acknowledging that the parties' marriage was irreparable, for the purposes of art 1 of Law No. 1 of 1974 on Marriage, and art 3 of the Compilation of Islamic Laws, the court acceded to the plaintiff's request. Despite the defendant's absence, the court granted the plaintiff an irrevocable divorce (talak satu bain shughro) pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) and of the Compilation of Islamic Laws, on the grounds of ongoing conflict.

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