Banda Aceh Shari'a Court Decision No. 272 of 2014: Irrevocable Divorce

The parties were married on 22 October 2000 at the Office of Religious Affairs (Kantor Urusan Agama) in West Bekasi, and had one child. After marrying, they lived in a rental property in Solo for approximately six years, before moving to Banda Aceh. The plaintiff alleged that, since 2010, the parties had begun to quarrel regularly because the defendant had failed to provide sufficiently for his family. Family members had sought to reconcile the parties, but to no avail. On 30 September 2010, the defendant orally divorced the plaintiff (declared talak), and in January 2011, the defendant left the plaintiff and their child (then-aged 2) never to return. Since then the defendant had failed to provide the defendant with any financial or emotional support, and had only provided the defendant with a modest amount of money after their child had started school. Accordingly, the plaintiff sought a judicial divorce (talak satu ba'in sughra).

The court acceded to the plaintiff's request, pursuant to art 70(1) of Law No. 7 of 1989, in conjunction with art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, on the grounds of irreconcilable differences and ongoing conflict.

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