Cirebon Religious Court Decision No. 561 of 2014: Irrevocable Divorce Granted

The parties were married on 13 May 2005 and had two children. The plaintiff submitted that the parties' marriage had been harmonious initially, but, since September 2010, it had become quarrelsome. This was because the defendant had failed to provide for his family.

In July 2013, the defendant left the matrimonial home never to return. parties were sleeping in separate beds, and by March 2014, the defendant had left the matrimonial home. Despite the plaintiff's efforts, she was unable to locate the defendant up until the time of the proceeding. Accordingly, the plaintiff requested that the court grant her an irrevocable divorce (talak satu ba'in sughra).

Despite the defendant's absence from court, on the grounds of ongoing conflict between the parties, the court acceded to the plaintiff's request, pursuant to art 39(2) of Law No. 1 of 1974, art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws.

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