Madiun Religious Court Decision No. 41 of 2016: Irrevocable Divorce Granted

The parties were married on 21 May 2015. They had lived with the plaintiff's parents for the duration of their marriage. Despite having already consummated the marriage the parties had no children. The plaintiff submitted that, since June 2015, the parties' marriage had become quarrelsome. This was a result of the defendant:

  1. not wanting to work to meet their financial needs, forcing the plaintiff to work; and
  2. tricking the plaintiff into providing him with money to purchase a car in order to start up his own car rental business, only to then leave the plaintiff after she had provided him with money.

The parties had remained separated for the past seven months leading up to the proceeding.

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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