Bantul Religious Court Decision No. 1260 of 2014: Irrevocable Divorce

The parties were married on 21 March 2001. The plaintiff submitted that, since January 2013, however, the marriage had become quarrelsome. This was a result of the defendant:

  1. having had an extra-marital affair with an unmarried woman, of which the plaintiff became aware after reading text messages between the defendant and the other woman, as well as seeing the two spending the night at the defendant's parents' home;
  2. never providing the plaintiff with financial support for more than 10 consecutive years; and
  3. often leaving their home for days on end, claiming it was due to his work when it was not.

Problems escalated in April 2014, with the defendant saying he was leaving because of work, only never to return. Despite being formally summonsed, the defendant was absent from court. Accordingly, the court granted the plaintiff an irrevocable divorce (talak satu ba'in sughro) on the grounds of ongoing conflict, pursuant to art 19(f) of Government Regulation No. 9 of 1975, in conjunction with art 116(f) of the Compilation of Islamic Laws.

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