Bajawa Religious Court Decision No. 4 of 2014: Irrevocable Divorce

The parties were married on 17 June 2007. Initially, the marriage had been harmonious. The plaintiff submitted, however, that, since January 2013, the marriage had become quarrelsome because:

  1. the defendant had not provided the plaintiff and their children with sufficient financial support since January 2013;
  2. the defendant gambled;
  3. the defendant's sibling had discovered that the defendant had been having an extra-marital affair with another woman in mid-April 2013; and
  4. the parties, in July 2013, quarrelled until the defendant made the plaintiff leave the matrimonial home.

The defendant conceded most of these points. He informed the court that he had endeavoured to reconcile with the plaintiff, but that she had not been taking his calls or returning his text messages. Regardless, the court found that there were sufficient reasons to grant the plaintiff a divorce, as required by art 39(2) of Law No. 1 of 1974 on Marriage. The defendant's adultery and gambling satisfied art 19(a) of Government Regulation No. 9 of 1975, and art 116(a) of the Compilation of Islamic Laws, while ongoing conflict between the parties satisfied art 19(f) and art 116(f). Accordingly, the Court granted the plaintiff an irrevocable divorce (talak satu bain sughra).

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