Meulaboh Shari'a Court Decision No. 68 of 2012: Irrevocable Divorce Granted Due To Ongoing Conflict

The parties were married on 7 January 2007 and had one child. The plaintiff submitted that the marriage had been harmonious for the first five years, after which time it had become quarrelsome. This was because the defendant would become unnecessarily jealous and accuse the plaintiff of having an extra-marital affair, and, in the event of any minor problem, hit the plaintiff. On one occasion in May 2011, the defendant returned home from work and asked the plaintiff why she was being so quiet. For no apparent reason, the defendant then grabbed the plaintiff by the throat so badly that she struggled to eat for the next week.

The plaintiff returned to her parents' home for three days following the choking incident, before returning to the parties' home, only to find that the defendant had left. In June 2011, the parties reconciled with the help of communal efforts, but this proved to be temporary. Accordingly, the plaintiff requested that the court grant her an irrevocable divorce (talak satu ba'in sughra), allow the parties' child to remain in her care, and, owing to her own impecuniosity, exempt her from any court fees.

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. It also granted her custody of the parties' child, and ordered the state to bear her court costs.

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