Ambon Religious Court Decision No. 104 of 2011: Irrevocable Divorce Granted

The parties were married on 18 April 2006 and had one daughter aged 5. The plaintiff submitted that the parties' marriage had become quarrelsome as of 2008, after the defendant had been sentenced to one year in prison. While in prison the plaintiff had been unable to provide the defendant with any financial or emotional support, and once released from prison, he had become agressive towards the plaintiff, frequently becoming intoxicated and physically beating her. The plaintiff submitted that whenever the parties would quarrel the defendant would verbally divorce her. Feeling the parties' marriage was irreparable, the plaintiff requested the court grant her an irrevocable divorce (talak satu ba'in sughra).

Despite the defendant's absence from court, the court acceded to the plaintiff's request on the grounds of ongoing conflict, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws.

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