Parepare Religious Court Decision No. 143 of 2013: Irrevocable Divorce Granted Due To Ongoing Conflict

The parties were married on 7 November 2007, after which time they had lived with the defendant's parents for five years. The parties had two children. Initially, the marriage had been harmonious. By 2010, however, it had become quarrelsome because, the plaintiff submitted, the defendant:

  1. would direct profane language at the plaintiff; and
  2. would frequently become emotional.

On 20 November 2012, the defendant filed for divorce with the Parepare Religious Court before subsequently withdrawing his application. Despite withdrawing the application, it had already made the plaintiff relocate to her parents' home, where she had remained for the four months leading up to the proceeding. The plaintiff submitted that she could not see herself reuniting with the defendant and, accordingly, requested that the court grant her an irrevocable divorce (talak satu ba'in sughra).

Despite the defendant's absence from court, the court, pursuant to art 39(2) of Law No. 1 of 1974, 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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