Padang Religious Court Decision No. 969 of 2013: Irrevocable Divorce Granted

The parties were married on 24 January 1999, but by the end of 2007 had begun to quarrel often. The plaintiff submitted that this was because the defendant had had several extra-marital affairs (three to her knowledge), as well as the fact that the defendant was far too controlling of the plaintiff, including confiscating the plaintiff's mobile phone. The plaintiff also submitted that the defendant had physically assaulted her, leaving her bruised and swollen.

Problems escalated on 30 May 2013, when the plaintiff requested the defendant's permission to return home to Padang (the parties lived in Banten). The defendant granted her permission, but on the way to the airport, the parties began to quarrel and the plaintiff departed for Padang on bad terms with the defendant. After one week of being in Padang, the defendant also returned home to Padang to bring the plaintiff back to Banten with him. The plaintiff, however, refused, noting how poorly the defendant had treated her. Since then the parties had remained separated and, accordingly, the plaintiff sought a divorce from the defendant. The defendant failed to attend court despite having been summonsed formally.

The court, pursuant to 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 for an irrevocable divorce (talak satu ba'in shugra) on the grounds of ongoing conflict.

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