Parepare Religious Court Decision No. 130 of 2013: Irrevocable Divorce Granted Due to Ongoing Conflict

The parties were married on 10 June 2011, after which they had lived with the parents of the defendant's first wife for two months, and then with the defendant's neighbour for one year and three months. The plaintiff submitted that, initially, the marriage had been harmonious, but by September 2011 it had become quarrelsome because:

  1. the defendant's child from his first marriage had told the plaintiff to leave their home because they did not like her; and
  2. the defendant had loaned money to another person without first informing the plaintiff.

On 2 November 2012, feeling unappreciated, the plaintiff left for Balikpapan without telling the defendant. The parties had remained separated for the five months leading up to the proceeding. Feeling the parties' marriage could not be salvaged, the plaintiff 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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