Padang Religious Court Decision No. 115 of 2015: Irrevocable Divorce Granted

The parties were married on 10 December 2006 and had two children (born: 22 February 2008 and 9 November 2013). They had lived with the plaintiff's parents in Padang for approximately five years, before moving to the defendant's parents' home until they separated. Initially, the parties' marriage had been harmonious. After five years, however, it had become quarrelsome. The plaintiff submitted that this was because the defendant had:

  1. frequently brought other women home;
  2. failed to show sufficient care for the plaintiff and their children; and
  3. been an irresponsible husband, failing to provide enough for his family financially.

The plaintiff also submitted that whenever the parties would quarrel, the defendant would resort using profane language, which would upset the plaintiff. Familial mediation had also proven to be in vain. Problems escalated on 2 December 2014 when the plaintiff caught the defendant telephoning someone she did not know. Then the defendant became angry when the plaintiff suggested the parties collect their children from the plaintiff's parents' home, appearing to be more interested in talking to the person on his phone. This resulted in the defendant orally divorcing the plaintiff, after which the plaintiff left the plaintiff's parents' home for her own parents' home. Since then the parties had remained separated.

The plaintiff requested that the court grant her an irrevocable divorce (talak satu ba'in sughra). The court, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, acceded to the plaintiff's request on the grounds of ongoing conflict.

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