Batam Religious Court Decision No. 484 of 2015: Irrevocable Divorce

The parties were married on 29 March 2007 but had no children. They had begun to quarrel as early as April 2007, after the defendant had reverted to Catholicism, having previously converted to Islam. That same month they separated.

The plaintiff maintained that her attempts to reconcile with the defendant had been in vain, and that the defendant's reversion to Catholicism had caused her great suffering. It followed that 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, as well as on the grounds that the defendant's reversion to Catholicism caused had disharmony in the parties' homelife, 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) and (h) 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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