Batam Religious Court Decision No. 605 of 2015: Irrevocable Divorce

The parties were married on 22 September 2008 but had no children. For the first three years of their marriage they had lived in their own home, before moving to live with the defendant's parents. Initially, the marriage had been harmonious, however, since August 2013, it had begun to deteriorate. The plaintiff submitted that this was because the defendant:

  1. was unhappy that the parties had not yet conceived a child; and
  2. had had an extra-marital affair.

Problems escalated and, on 28 August 2013, the plaintiff moved to her parents' home after receiving a letter from the defendant stating that he divorced her. For the next one year and eight months, the plaintiff submitted that she had attempted to reconcile with the defendant, but to no avail. It followed that the plaintiff believed the only feasible option remaining was divorce, pursuant to art 19 of Government Regulation No. 9 of 1975, and art 116 of the Compilation of Islamic Laws.

The court acceded to the plaintiff's application, granting her an irrevocable divorce (talak satu ba'in sughra) on the grounds of ongoing conflict, 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. Despite failing to attend the proceeding, the court acknowledged that the defendant had been summonsed officially, pursuant to art 26 of Government Regulation No. 9 of 1975, and art 138 of the Compilation of Islamic Laws.

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