Sinabang Shari'a Court Decision No. 67 of 2015: Irrevocable Divorce Granted

The parties were married on 8 December 2014 and had one child, who passed away at three months. As early as January 2015, the parties' marriage had become quarrelsome because, the plaintiff submitted, the defendant would frequently compare the plaintiff with his first wife. On 12 July 2015, it became apparent to the plaintiff that the defendant was not accepting of her children from her first marriage, prioritising his own child (from his first marriage), even becoming physically violent towards her children. On 20 October 2015, when the defendant's child verbally insulted the plaintiff in front of the defendant, the defendant sided with his own child, leading to yet another disagreement between the parties. This led to the plaintiff leaving the matrimonial home for a rental property in Karya Budi, Suka Karya. While the plaintiff lived in this rental property, the defendant never came to visit her, nor did he seek to reconcile their differences, or provide the plaintiff with any financial or emotional support.

Unable to cope any longer with the defendant's behaviour, the plaintiff requested that the court grant her an irrevocable divorce (talak satu bain sughra). In the defendant's absence, the court, pursuant to art 39(2) of Law No. 1 of 1974 on Marriage, 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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