Kendari Religious Court Decision No. 615 of 2014: Irrevocable Divorce Granted

The parties were married on 7 April 2012 and had one child. The plaintiff submitted that, since 2013, she and the defendant had begun to quarrel regularly, primarily because:

  1. the defendant would often become angry for no apparent reason; and
  2. the defendant had failed to provide the plaintiff with any financial support since 2013, up until the date of the proceeding.

Problems escalated, and in November 2013, the defendant left the matrimonial home. The plaintiff submitted that an irrevocable divorce (talak satu bain sughra) was the only feasible option remaining.

Despite being formally summonsed, pursuant to art 26 of Government Regulation No. 9 of 1975, and art 138 of the Compilation of Islamic Laws, the defendant failed to attend court. Regardless, the court, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, acceded to the plaintiff's application on the grounds of ongoing conflict. The court conceded that the purpose of marriage, as envisaged in art 1 of Law No. 1 of 1974 on Marriage, being a joyful and enduring relationship, as well as art 3 of the Compilation of Islamic Laws, being a peaceful, hopeful and loving (sakinah, mawaddah dan rahmah) household, was no longer feasible, and that the plaintiff had established sufficient reasons to be granted a divorce, as required under art 39 of Law No. 1 of 1974 on Marriage, and art 65 of Law No. 7 of 1989 on the Religious Judiciary.

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