Bekasi Religious Court Decision No. 2079 of 2011: Irrevocable Divorce Granted Due To Ongoing Conflict

The parties were married on 15 January 2005 and had two children. Since August 2011, however, they had begun to quarrel regularly. The plaintiff submitted that this was the result of:

  1. the defendant having had an extra-marital affair, which she had discovered based on the contents of certain text messages in the defendant's mobile phone;
  2. the defendant having failed to provide the plaintiff with routine financial support; and
  3. a debate involving the defendant's family regarding a debt the defendant's older sibling owed to the plaintiff.

Problems escalated on 26 August 2011, resulting in the plaintiff leaving the matrimonial home. 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 noted that, pursuant to art 39(1) and (2) of Law No. 1 of 1974 on Marriage, it was required to mediate the parties (despite the defendant's absence), 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, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, granted the plaintiff an irrevocable divorce (talak satu ba'in shughra).

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