Bekasi Religious Court Decision No. 305 of 2015: Irrevocable Divorce Granted

The parties were married on 17 July 2011 and had their first and only child on 31 January 2012. Since the beginning of their marriage, however, the parties had quarrelled regularly. The plaintiff submitted that this was the result of:

  1. the defendant's continued dependency on his parents which meant the parties had had to live with his parents, rather than alone;
  2. all financial support coming from the defendant's parents, because the defendant worked for his parents;
  3. the defendant not showing the plaintiff enough attention or being a good husband while she was pregnant with their child, or while she was rearing their child;
  4. poor communication between the parties; and
  5. the plaintiff experiencing undue stress while living with the defendant's parents.

On 1 January 2015, the plaintiff left the matrimonial home. In her claim, she submitted that the state of the parties' marriage meant that the purpose of marriage, as envisaged by Law No. 1 of 1974 on Marriage, was no longer attainable.

The court found that the information provided by witnesses corroborated with the plaintiff's submissions. It noted that it was required, pursuant to art 39(1) and (2) of Law No. 1 of 1974 on Marriage, to mediate the parties, and to then identify sufficient reason to grant the parties a divorce in the event mediation was unsuccessful. The court found sufficient reason in the form of ongoing conflict and, therefore, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, granted the parties an irrevocable divorce (talak satu ba'in shughro).

FirstPreviousPage 1 of of 11NextLast