Kendari Religious Court Decision No. 386 of 2015: Irrevocable Divorce Granted

The parties were married on 12 May 2012 and had one child. The plaintiff submitted that, since 2014, the marriage had become disharmonious because:

  1. the parties quarrelled regularly, their differences seemingly irreconcilable;
  2. the defendant was dishonest with the plaintiff;
  3. the defendant often gambled; and
  4. the defendant did care for the plaintiff's children from her first marriage.

Problems escalated and, in February 2015, the plaintiff left the matrimonial home after yet another dispute. The plaintiff believed that divorce was the only feasible option remaining.

The court conceded that the purpose of marriage, as envisaged in surat Ar-Rum verse 21, art 1 of Law No. 1 of 1974 on Marriage, and art 3 of the Compilation of Islamic Laws, being a peaceful, hopeful and loving (sakinah, mawaddah dan rahmah) household, was no longer feasible. Accordingly, pursuant to art 39(2) of Law No. 1 of 1974 on Marriage, art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, the court granted the plaintiff an irrevocable divorce (talak satu ba'in sughra) on the grounds of ongoing conflict.

FirstPreviousPage 1 of of 14NextLast