Cirebon Religious Court Decision No. 618 of 2014: Irrevocable Divorce Granted

The parties were married on 11 February 2004 and had two children. The plaintiff submitted that the marriage had been harmonious initially; however, since August 2012, it had become quarrelsome because the defendant:

  1. had failed to provide for his family;
  2. was abbrasive with the plaintiff; and
  3. frequently engaged in extra-marital sexual relations.

Problems escalated and, by January 2014, the parties were sleeping in separate beds, and by March 2014, the defendant had left the matrimonial home. Familial efforts to make the parties reconcile had been in vain and the plaintiff requested that the court grant her an irrevocable divorce (talak satu ba'in sughra).

Despite the defendant's absence from court, on the grounds of ongoing conflict between the parties, the court, pursuant to art 39(2) of Law No. 1 of 1974, art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, acceded to the plaintiff's request.

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