Bekasi Religious Court Decision No. 195 of 2015: Irrevocable Divorce Granted

The parties were married on 11 February 2007 and had their one and only child on 15 July 2008. By October 2011, however, the parties had begun to quarrel regularly. The plaintiff submitted that this was the result of:

  1. the defendant having had an extra-marital affair;
  2. the defendant's excessive jealousy and accusations towards the plaintiff that she had had an extra-marital affair herself;
  3. the defendant's use of profane language which he would direct at the plaintiff; and
  4. the defendant not providing enough financial support to meet daily domestic needs.

Problems escalated in mid-2012, causing the parties to separate. In her claim, the plaintiff 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 feasible. 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).

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