Batam Religious Court Decision No. 564 of 2015: Irrevocable Divorce

The parties were married on 21 July 1985 and had eight children. The marriage had been harmonious until 2010, when, the plaintiff submitted, it had begun to deteriorate because the defendant:

  1. often gambled;
  2. often physically assaulted the plaintiff when the parties would argue; and
  3. was often dishonest, and also neglected the plaintiff and their children.

In 2014, people often saw the defendant with another woman near the parties' place of residence. Problems escalated in April 2015 when the plaintiff discovered that the defendant had had an extra-marital affair. While the parties remained under the same roof, they now slept in separate beds, as a result. The plaintiff claimed that she had attempted to reconcile with the defendant, but to no avail, and that the suffering caused by the defendant's conduct left her to believe 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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