Central Jakarta Religious Court Decision No. 1280 of 2015: Irrevocable Divorce Granted

The parties were married on an undisclosed date and had one child. At the beginning of the marriage the defendant was unemployed and the plaintiff had to work to cover daily expenses. After eight years, the parties' marriage had become quarrelsome because, the plaintiff submitted, the defendant:

  1. would frequently use drugs, sometimes returning home in the middle of the night or the next morning in an intoxicated state;
  2. frequently physically assault the plaintiff, even threatening to kill her; and
  3. had carried on an extra-marital affair with another woman.

The plaintiff also submitted that since the parties had lived together, the parties' domestic life had become increasingly deleterious due to regular quarrelling. Moreover, that the plaintiff was deeply concerned for her own welfare and that of the parties' child if they remained living with the defendant. Since July 2014, the plaintiff left the parties' home, with their child, to live with her parents in Cirebon. Familial attempts to make the parties reconcile had failed. The plaintiff, feeling the marriage was beyond repair, requested that the court grant her an irrevocable divorce (talak satu ba'in sughra), as well as custody of the parties' child.

The court, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, acceded to the applicant's request on the grounds of ongoing conflict. Furthermore, despite the defendant's absence from court, pursuant to art 105(a) of the Compilation of Islamic Laws, it granted the plaintiff custody of the parties' child as the child was still pre-pubescent (belum mumayyiz) and below 12 years of age.

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