Parepare Religious Court Decision No. 131 of 2013: Irrevocable Divorce Granted Due to Ongoing Conflict

The parties were married on 7 April 1990 and had four children. The plaintiff submitted that the marriage had been harmonious until August 2008, after which time it had become quarrelsome because the defendant had:

  1. developed a gambling addiction;
  2. never provided the plaintiff with financial support;
  3. developed an addition to alcohol; and
  4. had an extra-marital affair.

On 11 March 2013, when the plaintiff learned of the defendant's extra-marital affair, she asked the defendant to leave their home. The parties had subsequently remained separated for the month leading up to the proceeding. Familial intervention had also failed to make the parties reconcile. The plaintiff, accordingly, requested that the court grant her an irrevocable divorce (talak satu ba'in sughra), and that, owing to her own impecuniosity, it exempt her from any court fees.

Despite the defendant's absence from 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, the court acceded to the plaintiff's request on the grounds of ongoing conflict. The court also ordered the state to bear the plaintiff's costs.

FirstPreviousPage 1 of of 10NextLast