Batusangkar Religious Court Decision No. 330 of 2014: Irrevocable Divorce

The parties were married on 2 April 2000 and had one child. The plaintiff submitted that, after 12 years of marriage, she and the defendant had begun to quarrel regularly. This was the result of:

  1. the plaintiff often catching the defendant telephoning other women;
  2. the defendant often directing profanities at the plaintiff; and
  3. the defendant not providing the plaintiff with adequate financial support, meaning the defendant had to sell daily items to meet the parties' children's needs.

The defendant refuted the allegation that he had telephoned other women, submitting that, in actual fact, the plaintiff had been involved with another man via Facebook when the defendant went to Pekanbaru. Moreover, while he acknowledged that he had directed profanities at the plaintiff, he disputed the frequency with which he had done so as alleged by the plaintiff.

The plaintiff further alleged that problems escalated in October 2013, resulting in the plaintiff leaving the matrimonial home. The parties had remained separated since. The defendant argued that the actual reason the plaintiff left was because she had asked to return to her village to seek medical treatment.

Due to evident ongoing conflict between the parties, the court, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, granted the plaintiff an irrevocable divorce (talak satu bain sughra).

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