Batam Religious Court Decision No. 610 of 2015: Irrevocable Divorce

The parties were married on 2 July 2010 but had no children. The plaintiff submitted that the parties' marriage was initially harmonious. Since September 2012, however, it had deteriorated because:

  1. the defendant would often come home in the middle of the night and become enraged if the plaintiff would advise him to conduct himself otherwise;
  2. whenever the parties would argue, the defendant would use profane language, leaving the plaintiff feeling no longer appreciated as a wife.

Problems escalated in April 2013, when the defendant had an extra-marital affair with another woman, resulting in the parties quarrelling, and the defendant leaving the plaintiff. For the next two years, the defendant provided the plaintiff with no financial or emotional support, leaving the plaintiff to believe that divorce was the only available option.

The court conceded that the purpose of marriage, as envisaged in 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, art 116(f) of the Compilation of Islamic Laws, Kitab Fiqih Sunnah Juz II, and Manhaj al-Thullab juz VI, the court granted the applicant an irrevocable divorce (talak satu bain sughra) on the grounds of ongoing conflict.

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