East Jakarta Religious Court Decision No. 837 of 2014: Irrevocable Divorce Granted

The parties were married on 4 March 2013 and had no children. The plaintiff submitted that, at least since 2013, the parties' marriage had been disharmonious. This was the result of:

  1. a lack of compatibility and constant difference of opinion between the parties;
  2. the defendant no longer providing the plaintiff with emotional and financial support; and
  3. the defendant's lack of financial transparency.

The parties separated in 2013 and had not been physically intimate for approximately six months leading up to the proceeding. The plaintiff maintained that she had attempted to reconcile her differences with the defendant by talking to him, but to no avail.

Despite being summonsed formally, the defendant failed to attend the proceeding. The court, pursuant to art 19(f) of Government Regulation No. 9 of 1975, art 116(f) of the Compilation of Islamic Laws, and arts 33 and 34 of Law No. 1 of 1974 on Marriage, granted the plaintiff an irrevocable divorce (talak satu ba'in sughro) on the grounds of ongoing conflict, as well as on the grounds of the defendant's repudiation of arts 2 and 4 of the parties' marriage vows (sighat ta'lik thalak), pursuant to art 119 of the Compilation of Islamic Laws.

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