Central Jakarta Religious Court Decision No. 283 of 2016: Irrevocable Divorce Granted

The parties were married on 15 January 2012 and had one child. Initially, the parties' marriage was harmonious. By May 2013, however, it had become quarrelsome because, the plaintiff submitted, the defendant:

  1. had carried on an extra-marital affair with another woman;
  2. had frequent differences of opinion with the plaintiff regarding finances to the extent that the defendant no longer worked nor provided for the plaintiff; and
  3. would verbally and physically abuse the plaintiff when the parties quarrelled.

Problems escalated in February 2016 resulting in the defendant leaving the parties' home for his uncle's home. For the past month the parties had not communicated nor been physically intimate. The defendant had also not provided the plaintiff with any financial support for that period. The plaintiff, feeling the marriage was beyond repair, requested that the court grant her an irrevocable divorce (talak satu ba'in sughra).

During mediation, which had been unsuccessful in reconciling the parties, it was agreed that the parties' child would remain in the care of the plaintiff, while the defendant would provide the plaintiff with IDR 1 million per month in child maintenance. 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 the Compilation of Islamic Laws, acknowledged that, on the facts, the applicant had produced sufficient reasons to be granted a divorce. Moreover, that the parties' marriage could not realise the purpose of marriage as contained in the Qur'an, Surah Ar-Rum, verse 21, art 1 of Law No. 1 of 1974 on Marriage, and art 3 of the Compilation of Islamic Laws. Accordingly, the court acceded to the applicant's request on the grounds of ongoing conflict.

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