Batusangkar Religious Court Decision No. 176 of 2014: Irrevocable Divorce

The parties were married on 30 January 2009. The plaintiff submitted that, in 2011, the marriage had become quarrelsome. This was the result of the defendant:

  1. being ambivalent towards domestic matters and needs;
  2. often going out at night and rarely being at home;
  3. becoming romantically involved with another woman; and
  4. providing the plaintiff with insufficient financial support, forcing her to rely on financial assistance from her parents to meet her daily needs.

Problems escalated on 21 July 2013 when the plaintiff first discovered that the defendant had been having an extra-marital affair. When the plaintiff inquired about the defendant's extra-marital affair, the defendant reacted strongly and verbally divorced the plaintiff. On 30 July 2013, the parties agreed to divorce and had lived separately since.

Despite being summonsed formally, the defendant failed to attend the proceeding. Regardless, the court found that ongoing conflict between the parties, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, was sufficient reason to grant the plaintiff an irrevocable divorce (talak satu bain sughra).

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