Batam Religious Court Decision No. 505 of 2015: Irrevocable Divorce

The parties were married on 21 February 2002 and had two children. Initially, their marriage had been harmonious. Since April 2013, however, it had deteriorated because, the plaintiff submitted, the defendant had:

  1. never provided her with sufficient financial and emotional support, neglecting her and their family, compelling the plaintiff to work herself;
  2. had an extra-marital affair, which the plaintiff had discovered from text messages sent to the defendant's mobile phone, as well as seeing the defendant with another woman; and
  3. often left the parties' home for weeks on end to be with this other woman.

In August 2013, after the defendant had left, the plaintiff returned to her parents' home. As a result of the suffering the defendant's conduct had caused the plaintiff, the plaintiff believed 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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