Sekayu Religious Court Decision No. 260 of 2016: Irrevocable Divorce Granted

The parties were married on 18 January 1985. They had lived in Central Java for about 20 years before moving to a rental property in Sukajadi until they separated. They had two children and had been married for 25 years. Since 2010, however, the parties' marriage had become quarrelsome because, the plaintiff submitted, the defendant:

  1. would become unnecessarily angry on a regular basis;
  2. was temperamental;
  3. had frequently physically assaulted the plaintiff;
  4. had carried on an extra-marital affair with another woman; and
  5. had neglected the plaintiff and failed to provide her with financial support.

In 2015, after yet another argument, the parties decided to separate. They had remained apart for a year at the time of the proceeding. Familial attempts to make the parties reconcile had been unsuccessful and, having concluded that the parties' differences were irreconcilable, the plaintiff requested that the court grant her an irrevocable divorce (talak satu ba'in sughra).

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 on the grounds of ongoing conflict between the parties.

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