Bantul Religious Court Decision No. 1242 of 2014: Irrevocable Divorce

The parties were married on 22 July 2005. The plaintiff submitted that, since June 2009, however, the parties' marriage had become quarrelsome. This was a result of the defendant:

  1. never working and not being able to provide the plaintiff with sufficient financial support, resulting in the plaintiff relocating to Malaysia for work to meet the parties' joint needs; and
  2. already having a child with another woman, but the plaintiff not knowing the identity of this other woman, and only knowing about the child from the defendant's family and members of the public having seen him with this other woman.

In November 2009, believing their problems were irreconcilable, the plaintiff left the defendant and returned to her parents' home after no longer being able to cope with the poor way in which the defendant was treating her. The defendant also failed to attend court, despite having been summonsed formally.

The court granted the plaintiff an irrevocable divorce (talak satu Ba'in Sughra) on the grounds of ongoing conflict, and that the parties had been separated for more than two years, per art 19(f) and (b) of Government Regulation No. 9 of 1975, in conjunction with art 116(f) and (b) of the Compilation of Islamic Laws.

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