Batam Religious Court Decision No. 501 of 2015: Irrevocable Divorce

The parties were married on 26 May 1998 and had three children. Initially, their marriage had been harmonious. Since September 2012, however, it had deteriorated because, the plaintiff submitted, the defendant had:

  1. been physically abusive towards the plaintiff;
  2. had an extra-marital affair; and
  3. secretly married another woman, unbeknownst to the plaintiff.

In February 2013, the plaintiff left the defendant, unable to tolerate his poor attitude, as well as the lack of financial support with which he provided the plaintiff. The plaintiff's attempts to reconcile with the defendant had also been in vain. 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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