Blitar Religious Court Decision No. 4230 of 2014: Irrevocable Divorce Granted

The parties were married on 1 September 2006 before a local marriage registrar from the Office of Religious Affairs. Since October 2012, however, the parties' marriage had become quarrelsome because the defendant:

  1. had failed to provide the plaintiff and their children with any financial support; and
  2. would frequently declare that he divorced the plaintiff (pronounced talak).

Between October 2012 and the time the plaintiff filed an application for divorce, the plaintiff and the parties' two children had been living with the plaintiff's parents. During this time the defendant never visited or provided them with any financial support, forcing the plaintiff and their children to rely financially on the plaintiff's parents. Accordingly, the plaintiff sought an irrevocable divorce (talak satu ba'in sugro), believing the parties' marriage was beyond repair.

The court acknowledged that the purpose of marriage, as contained in the Qur'an, Surat Al Rum, verse 21, as well as art 1 of Law No. 1 of 1974, and art 3 of the Compilation of Islamic Laws, being a peaceful, hopeful and loving home, was no longer feasible. Therefore, pursuant to the elucidation of art 37 of Law No. 1 of 1974, art 19(b) and (f) of Government Regulation No. 9 of 1975, and art 116(b) and (f) of the Compilation of Islamic Laws, the court acceded to the plaintiff's application for an irrevocable divorce (talak satu ba'in shugra) on the grounds of having been apart for longer than two consecutive years, as well as ongoing conflict.

FirstPreviousPage 1 of of 10NextLast