Sengkang Religious Court Decision No. 462 of 2011: Irrevocable Divorce Granted Due To Ongoing Conflict

The parties were married on 30 October 2007 and had one child. The plaintiff submitted that the marriage had deteriorated because the defendant often went out during the night very late without informing the plaintiff of his whereabouts. If the plaintiff inquired as to where the defendant had been, the defendant would become verbally abusive. Problems escalated when, in July 2010, the defendant reacted to advice from the plaintiff by threatening to physically assault her. The plaintiff was then picked up by a friend and taken to her parents' home where she had remained leading up to the proceeding. For the next year the defendant had provided the plaintiff with no financial support, and the parties had shown no regard for each another. Accordingly, the plaintiff believed divorce was the only feasible option remaining.

Despite the defendant being absent from court, the court acceded to the plaintiff's application. The court acknowledged witness evidence, pursuant to art 22(2) of Government Regulation No. 9 of 1975. The court found that the parties' marriage was no longer 'joyful and enduring', as envisaged by art 1 of Law No. 1 of 1974 on Marriage. Therefore, the court, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, granted the plaintiff an irrevocable divorce (talak satu ba'in sughra) on the grounds of ongoing conflict. The court also ordered the plaintiff to pay costs (IDR 231,000).

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