Selong Religious Court Decision No. 364 of 2016: Irrevocable Divorce

The parties were married on 1 June 2011 and had one child, a three year old boy who was living with the defendant. The plaintiff submitted that the parties' marriage had been harmonious until December 2015, after which time it had become quarrelsome because the defendant:

  1. was too subservient to his parents, never heeding the plaintiff's advice; and
  2. requested that the plaintiff return money he once sent the plaintiff while he was in Malaysia.

Problems escalated on 25 January 2016, resulting in the plaintiff leaving the defendant's home to live with her parents. While the plaintiff's family advised her to reconcile with the defendant, their efforts were to no avail. The plaintiff, therefore, requested that the court grant her an irrevocable divorce (talak satu ba'in sughra).

Despite the defendant's absence from court, the court, pursuant to art 39(2) of Law No. 1 of 1974 on Marriage, art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of Compilation of Islamic Laws, acceded to the plaintiff's request on the grounds of ongoing conflict between the parties.

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