Madiun Religious Court Decision No. 37 of 2016: Irrevocable Divorce Granted

The parties were married on 23 June 2006, after which time they had lived in Malang until 2011. From there they had moved to the defendant's parents' home in Sidomulyo, Wonoasri, where they had stayed until 2012, before moving to the plaintiff's parents' home in Banyukambang, Wonoasri until April 2015. The parties had one child (aged 6).

The plaintiff submitted that, since January 2015, the parties had begun to quarrel regularly. More specifically, the plaintiff submitted that on one occasion the defendant had returned home from Malang to find that the plaintiff herself had not yet returned home from work. The defendant telephoned the plaintiff to inquire as to her whereabouts, however, the plaintiff's mobile phone was out of battery. When the plaintiff returned home the defendant became angry and hit the plaintiff in front of the parties' child. In April 2015 the defendant left the matrimonial home where he had remained for the nine months leading up to the proceeding. During those nine months the parties had attempted to reconcile their differences but to no avail.

Acknowledging that the parties' marriage was irreparable, for the purposes of art 1 of Law No. 1 of 1974 on Marriage, and art 3 of the Compilation of Islamic Laws, the court acceded to the plaintiff's request. Despite the defendant's absence, the court, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) and of the Compilation of Islamic Laws, granted the plaintiff an irrevocable divorce (talak satu ba'in shughra) on the grounds of ongoing conflict.

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