Donggala Religious Court Decision No. 318 of 2014: Irrevocable Divorce Granted

The parties were married on 4 September 2000 and had three children. They had lived together with one of the defendant's uncles in Samarinda for approximately three years, before moving to live with another of the defendant's uncles in West Java for four years. From there they loved to Simoro village, where they had lived up until the time of the proceeding. Initially, the marriage had been harmonious, however, by February 2006, the parties had begun to quarrel regularly. The plaintiff submitted that the defendant:

  1. had debts of which the plaintiff was unaware;
  2. would drink excessively and sometimes even slap the plaintiff;
  3. had been having an extra-marital affair since the birth of the parties' third child; and
  4. had failed to provide for the plaintiff since the birth of the parties' third child.

When problems escalated the defendant left the matrimonial home. 

The court found that a sufficient reason to grant an irrevocable divorce, as required by art 119(2)(c) of the Compilation of Islamic Laws, that being ongoing conflict, existed. Therefore, it acceded to the plaintiff's request, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws.

FirstPreviousPage 1 of of 13NextLast