Batam Religious Court Decision No. 593 of 2015: Irrevocable Divorce

The parties were married on 9 October 2009 and had one child. The plaintiff submitted that, since March 2011, the marriage had begun to deteriorate because the defendant:

  1. had not provided the plaintiff with sufficient financial support, only taking care of himself, while neglecting the plaintiff and household, compelling the plaintiff to find work;
  2. would always send his parents money, at the expense of the plaintiff and their child; and
  3. had questioned the paternity of the parties' child.

Problems escalated and, in February 2012, the defendant left the plaintiff. The plaintiff claimed that she had suffered emotionally as a result of the defendant's conduct and that 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.

Based on the information before it, including witness statements, 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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