Batam Religious Court Decision No. 490 of 2015: Irrevocable Divorce

The parties were married on 26 August 2012 and had one child. The plaintiff submitted that, as early as November 2012, the marriage had deteriorated because the defendant had:

  1. been dishonest with his finances insofar as he had saved a portion of his income for another woman; and
  2. had an extra-marital affair with another woman.

Problems escalated and, on 16 December 2012, the defendant orally divorced (pronounced talak) the plaintiff before two witnesses, executed a document with the necessary stamp-duty stating as much, and left the plaintiff. Accordingly, the plaintiff believed that the only feasible option remaining was judicial 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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