Purwokerto Religious Court Decision No. 156 of 2015: Irrevocable Divorce Granted Due to Extended Separation

The parties were married on 26 August 2006. They lived together in the plaintiff’s parents’ home and had one child (aged 8). By 2011, the parties had begun to quarrel regularly. The plaintiff submitted that the defendant:

  1. consumed alcohol excessively; and
  2. frequently gambled.

In 2012, the defendant left the plaintiff, never to return. He made no attempts to communicate with the plaintiff, and provided her with no financial support. The plaintiff claimed to have suffered as a result and requested that the court grant her an irrevocable divorce (talak satu ba’in sughra). The court, pursuant to art 39(1) and (2) of Law No. 1 of 1974 on Marriage, art 19(b) of Government Regulation No. 9 of 1975, and art 116(b) of the Compilation of Islamic Laws, acceded to plaintiff’s request on the grounds that the parties had been apart for more than two consecutive years.

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