Meulaboh Shari'a Court Decision No. 77 of 2012: Divorce Granted Due To Ongoing Conflict

The parties were married on 6 February 2004 and had two children. The applicant submitted that, while the first six years of the parties' marriage had been harmonious, it had been quarrelsome from thereon. The applicant submitted that the respondent had been disobedient and disrespectful towards the applicant as the head of the household by, for example, leaving the parties' home without the applicant's permission, neglecting her duties as a homemaker. Moreover, the respondent would act or make decisions without considering the applicant's opinion. The applicant also submitted that he had suspected the respondent was having an extra-marital affair, which had been a cause of conflict between the parties.

On 25 July 2011, the respondent left the parties' home without first informing the applicant. The applicant's subsequent attempts to locate the respondent had been in vain, and he submitted that he was resigned to the fact that the marriage could not be salvaged. Accordingly, he requested that the court grant him permission to divorce (talak satu raj'i) the respondent.

Despite the respondent's absence from court, the court, pursuant to art 39(2) of Law No. 1 of 1974 on Marriage, art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, acceded to the applicant's request on the grounds of ongoing conflict.

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