Ponorogo Religious Court Decision No. 307 of 2016: Irrevocable Divorce Granted

The parties were married on 25 January 2010 and had one child aged 5 years. They had lived with the plaintiff's parents for two years until January 2012 before separating. The marriage deteriorated, the plaintiff submitted, because the defendant:

  1. had not provided for his family, forcing the plaintiff's family to cover their daily expenses; and
  2. showed no interest or desire to care for the plaintiff and their child.

The parties had been separated for a total of four years and one month at the time of the proceeding, during which time they had not been physically intimate. The plaintiff submitted that she could not remain married to the defendant as he had proven himself to be an irresponsible husband. The defendant was also absent from court. Accordingly, the plaintiff requested that the court grant her an irrevocable divorce (talak satu ba'in sughra).

After corroborating the plaintiff's submissions with evidence provided by the plaintiff's two witnesses, the court, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, acceded to the plaintiff's application on the grounds of ongoing conflict between the parties.

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