Lamongan Religious Court Decision No. 1303 of 2016: Irrevocable Divorce Granted

The parties were married on 3 April 2013 and had one child aged 2, who was under the care of the plaintiff. The plaintiff submitted that, by May 2013, the parties' marriage had become quarrelsome because the defendant had only spent his income on himself. Furthermore, the defendant had emotionally and physically abused the plaintiff, and would use profane language with the plaintiff's parents. The parties separated in 2015 and had remained separated for a total of one year and five months. Pursuant to art 19(d) and (f) of Government Regulation No. 9 of 1975, in conjunction with art 116(d) and (f) of the Compilation of Islamic Laws, the plaintiff requested that the court grant her an irrevocable divorce (talak satu ba'in sughro) on the grounds that the defendant's conduct had threatened her well-being, and ongoing conflict.

Despite the defendant's absence from court, the court acceded to the plaintiff's application, noting that the information provided by the two witnesses produced by the plaintiff corroborated with the plaintiff's submissions.

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