Baturaja Religious Court Decision No. 467 of 2016: Irrevocable Divorce

The parties were married on 20 November 2011 in Ogan Komering Ulu regency. Their three-year old son was currently under the care of the plaintiff. The parties' marriage had been harmonious for the first two years. Since 2013, however, the marriage had become quarrelsome because:

  1. the defendant was frequently angry with the plaintiff without good cause;
  2. the defendant would frequently beat the plaintiff;
  3. the defendant's family frequently meddled in the parties' affairs; and
  4. the defendant no longer provided the plaintiff with financial support.

Problems escalated in June 2013, compounded by the defendant marrying another woman surreptitiously (nikah sirri), unbeknownst to the plaintiff. Recognising that she was no longer happy in her marriage, as mandated by Law No. 1 of 1974 on Marriage, the plaintiff requested that the court grant her a divorce.

Despite the defendant's absence from court, the court acceded to the plaintiff's request. Acknowledging that the plaintiff's application accorded with art 39(2) of Law No. 1 of 1974, in conjunction with art 19(b) and (f) of Government Regulation No. 9 of 1975, and art 116(b) and (f) of the Compilation of Islamic Laws, the court granted the plaintiff an irrevocable divorce (talak satu ba'in sughro) on the grounds that the parties had been apart for two or more years, and ongoing conflict.

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