Parepare Religious Court Decision No. 126 of 2013: Irrevocable Divorce Granted Due to Ongoing Conflict

The parties were married on 4 November 2012, but for the first seven days of their marriage, the parties were not physically intimate. Then, on 11 November 2012, the plaintiff learned that the defendant had married another woman, without the permission of either the plaintiff or a religious court. The plaintiff submitted that the parties had married pursuant to their parents' wishes, rather than their own. The plaintiff subsequently moved from her parents' home, where she had briefly lived with the defendant, to her aunt's home. The parties had remained separated for the five months leading up to the proceeding, and the plaintiff was resigned to the fact that the marriage could not be salvaged. Accordingly, she 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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