South Jakarta Religious Court Decision No. 2509 of 2014: Irrevocable Divorce Granted

The parties were married on 25 September 2005 and had three children. The plaintiff submitted, however, that, at the beginning of 2006, she and the defendant had begun to quarrel regularly. The plaintiff claimed the primary causes therein were:

  1. the defendant's alcohol consumption and gambling addiction;
  2. the defendant's violent treatment of the plaintiff and their three children;
  3. the defendant's self-confessed infidelity; and
  4. the defendant not having provided the plaintiff or their children with financial or emotional support since July 2014.

Both parties' families had endeavoured to make the parties reconcile their differences, but to no avail. Indeed, despite being summonsed, the defendant failed to attend the proceeding. Accordingly, the court, pursuant to art 39 of Law No. 1 of 1974 on Marriage, 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) on the grounds of ongoing conflict. The court did not, however, specifically accede to the plaintiff's demand that the defendant pay child maintenance.

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