Sekayu Religious Court Decision No. 138 of 2016: Irrevocable Divorce Granted

The parties were married on 12 June 2010 and had two children. Since December 2014 the parties' marriage had become quarrelsome because, the plaintiff submitted, the defendant:

  1. had failed to provide financially for the plaintiff and their child;
  2. frequently embarrassed the plaintiff on social media;
  3. frequently contacted other women on his mobile phone; and
  4. frequently said he would marry another woman.

Problems escalated and, on 10 December 2015, the plaintiff decided that she could no longer cope with the defendant's behaviour. After separating from the defendant for the past two months leading up to the proceeding, 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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