Part 4 — Separation Due to Absence
Article 194:
If husband has been absent for a period of three years or more without reasonable excuse and wife
incurs loss due to his absence, she may demand separation from the court, even if the husband owns
property out of which wife’s alimony can be provided.
Article 195:
(1) In case of absence of husband, the court, after hearing the demand of separation by wife, shall
notify in writing the husband of the issue and determine a period within which the husband
returns to the family residence or asks wife to come to his residence.
(2) If the absent husband, notwithstanding the court’s notification, remains absent without a reasonable
excuse or if delivery of the notification to him is basically impossible, in such circumstances, the
court shall issue a verdict for the separation of the spouses.
Article 196:
If husband is sentenced, according to a final ruling of court, to 10 years of imprisonment or more, wife
may demand separation after 5 years, even if the imprisoned husband is able to provide alimony.
Article 197:
(1) Separation due to absence is considered as reversible divorce.
(2) If absent husband becomes present or imprisoned husband is released, he may return to wife
before completion of the waiting period (Edat).