Blitar Religious Court Decision No. 307 of 2015: Revocable Divorce Granted

The parties were married on 9 September 2007, had lived happily with the applicant’s parents for four years, and had one child (aged 7). Initially, the marriage had been harmonious. By September 2011, however, the parties had begun to quarrel regularly. The respondent had left the applicant and moved to the respondent’s parents' home without providing the applicant with a forwarding address. The parties had remained separated for three years and four months, during which time they had shared no physical intimacy. The applicant submitted that divorce was the only feasible option and, accordingly, requested that the court grant him a divorce (talak satu raj’i).

The court acknowledged that the purpose of marriage, as contained in the Qur'an, Surat Al Rum, verse 21, as well as art 1 of Law No. 1 of 1974, and art 3 of the Compilation of Islamic Laws, being a peaceful, hopeful and loving home, was no longer feasible. Therefore, pursuant to art 19(b) of Government Regulation No. 9 of 1975, and art 116(b) of the Compilation of Islamic Laws, the court acceded to the plaintiff's application for a revocable divorce (talak satu raj'i) on the grounds that the parties had been apart for longer than two consecutive years.

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