Padang Religious Court Decision No. 119 of 2015: Irrevocable Divorce Granted

The parties were married on 22 October 1997 and had three children. For the first 10 years of their marriage, the parties lived in Padang, but, at the end of 2007, the defendant moved to South Tangerang, Banten, until mid-January 2010, before returning to Padang. The parties' marriage had been harmonious until mid-2007, when it then became quarrelsome because, the plaintiff submitted, the defendant:

  1. admitted to taking the parties' shop title and selling it to another company to pay off debts, unbeknownst to the plaintiff, before then absconding after the plaintiff requested that the defendant and his family come to some resolution following his dishonest conduct;
  2. was unaccountable for his own actions;
  3. undervalued the plaintiff's children from her first marriage;
  4. was dishonest with the plaintiff; and
  5. often forbade the plaintiff's daughter from being friends with other boys.

At the beginning of February 2012, the defendant accused the plaintiff's daughter of going out with a boy, leaving the home and calling the daughter telling her to return home. When the plaintiff's daughter disputed the allegations made by the defendant, the defendant became angry and used profane language with her. In mid-February 2012, the defendant left the matrimonial home without informing the plaintiff and moved to a rental property in South Tangerang. Since then the parties had remained separated, during which time the defendant had provided the plaintiff with no financial support for two years and 10 months.

The plaintiff, believing the parties marriage was irreparable, requested that the court grant her an irrevocable divorce (talak satu ba'in sughra). The court acceded to the request, finding sufficient reason to grant a divorce, as required by art 39(2) of Law No. 1 of 1974, art 22(2) of Government Regulation No. 9 of 1975, and art 134 of the Compilation of Islamic Laws. The court, pursuant to art 19(b) and (f) of Government Regulation No. 9 of 1975, and art 116(b) and (f) of the Compilation of Islamic Laws, granted the plaintiff a divorce on the grounds of the parties being apart for more than two years, and ongoing conflict.

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