Meulaboh Shari'a Court Decision No. 2 of 2012: Irrevocable Divorce Granted Due To Ongoing Conflict

The parties were married on 12 July 2010 by the plaintiff's brother, who had also acted as the plaintiff's marriage guardian (wali nikah) as the plaintiff's father had already passed away. The plaintiff submitted that after only three months the parties' marriage had become quarrelsome because the defendant had misled the plaintiff by claiming that he had already divorced his first wife before marrying the plaintiff, which he had not. The plaintiff submitted that she and her family were deeply ashamed by the defendant's actions, particularly by the defendant's failure to produce documentary evidence that he and his first wife had indeed divorced, which had precluded them from registering their marriage with the office of religious affairs. Moreover, while the parties had been separated since 1 March 2011, the defendant had already returned to his first wife. The plaintiff, therefore, 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 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 plaintiff's request on the grounds of ongoing conflict.

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