Bantaeng Religious Court Decision No. 198 of 2012: Irrevocable Divorce Granted Due To Ongoing Conflict

The parties were married on 2 September 2002, had no children, and lived with the plaintiff's parents. Initially, their marriage had been harmonious. Since 2006, however, the plaintiff submitted that the parties' marriage had become quarrelsome because the defendant:

  1. had not provided the plaintiff with sufficient financial support; and
  2. frequently used profane language with, and physically assaulted, the plaintiff, even when discussing insignificant matters.

On 27 October 2012, problems escalated when the plaintiff asked the defendant to move his motorcyle from inside the house to out on the terrace. When the defendant refused to do so, the plaintiff became angry and silenced the defendant. At 4.30pm, the defendant suddenly hit the plaintiff because she had not communicated with him all day and, consequently, the plaintiff told the defendant to leave her parents' home. The defendant never returned. As a result, the plaintiff believed that the only feasible option remaining was divorce.

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.

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