Meureudu Shari'a Court Decision No. 121 of 2015: Irrevocable Divorce Application Dismissed

The parties were married on 30 December 1993 and had three children. The plaintiff submitted that the parties' marriage had become disharmonious since the birth of their first child in 1994. Specifically, the defendant had:

  1. been irresponsible towards his family; and
  2. developed a mental illness.

The parties then separated in February 2015, the defendant returning to his parents' home and from then on failing to provide for the plaintiff and the parties' children financially. The plaintiff submitted that she believed the marriage was beyond repair and that an irrevocable divorce (talak satu ba'in sughra) was her only option.

In dismissing the application, however, the court noted that while the plaintiff had produced a witness to corroborate her submissions, that witness' evidence had not been supported by other evidence.

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