Morotai Religious Court Decision No. 38 of 2015: Irrevocable Divorce Granted

The parties were married on 7 September 2005 and had two children. Initially, the parties' marriage had been harmonious. By the beginning of 2012, however, it had become quarrelsome as the defendant would become unnecessarily suspicious of the plaintiff, and stopped providing her with financial support. The plaintiff submitted that the defendant would also drink excessively and, when intoxicated, become argumentative. While the plaintiff tolerated the defendant's behaviour for the sake of maintaining the marriage, in February 2014, during an argument, the defendant struck the plaintiff, caused damage to the parties' home, and took all of the plaintiff's clothes to his parents' home.

In March 2014, the plaintiff and her parents relocated to Tobelo, the plaintiff no longer being able to cope with the defendant's behaviour. For the past year the parties had remained separated, the defendant providing the plaintiff with no financial support during that year. Accordingly, the plaintiff, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, sought an irrevocable divorce (talak satu bain sughra) on the grounds of ongoing conflict.

In the defendant's absence, the court acceded to the plaintiff's request, concurring with the plaintiff that the marriage was indeed beyond repair.

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