Sekayu Religious Court Decision No. 264 of 2016: Irrevocable Divorce Granted

The parties had a clandestine marriage on 4 February 1997 in Bandar Lampung, after which time they had lived in Kalianda for approximately three years, before moving to Kenten. They had three children, all of whom were, at the time of the proceeding, in the care of the defendant. The plaintiff submitted that the parties' marriage had been harmonious for 13 years, until April 2015, at which time the defendant had divorced the plaintiff, also in a clandestine manner. On 23 October 2015 the parties remarried, this time registering their marriage with their local Office of Religious Affairs. A week later their marriage became quarrelsome again because, the plaintiff submitted, the defendant:

  1. had financially deceived the plaintiff with regards to a business;
  2. would always tell the plaintiff he regretted his decision to remarry, simultaneously ordering the plaintiff to leave the parties' home in front of their children;
  3. was frequently angry with plaintiff; and
  4. had not, since November 2015, provided the plaintiff with any spending money for household necessities, thereby compelling the plaintiff to work herself.

Problems escalated in November 2015 when the plaintiff requested that the defendant provide her some money. On this occasion, when the defendant became angry, the plaintiff decided that she could no longer cope with the defendant's treatment of her and that divorce was the only option. The parties had, as a result, remained separated for the five months leading up to the proceeding.

Despite the defendant's absence from court, 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 Compilation of Islamic Laws, acceded to the plaintiff's request for an irrevocable divorce (talak satu ba'in sughra) on the grounds of ongoing conflict between the parties.

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