Bekasi Religious Court Decision No. 1945 of 2011: Irrevocable Divorce Granted Due To Ongoing Conflict

The parties were married on 7 March 2011 and lived with the plaintiff's parents. From August 2011, however, the parties had begun to quarrel regularly. The plaintiff submitted that this was the result of:

  1. the defendant never providing the plaintiff with any financial support from the time of their marriage because the defendant believed the plaintiff had her own salary;
  2. the parties having only ever been physically intimate once since they were married; and
  3. the defendant prioritising his work meaning he rarely ever came home.

In August 2011, problems escalated and the defendant left the plaintiff. In her claim, the plaintiff submitted that the dire 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 held that art 39 of Law No. 1 of 1974 on Marriage, as well as art 19 of Government Regulation No. 9 of 1975, and art 116 of the Compilation of Islamic Laws, required there to be a legitimate reason for it to grant the plaintiff a divorce. The court found that ongoing conflict between the parties satisfied this requirement, per art 39(2) of Law No. 1 of 1974 on Marriage, in conjunction with art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, and granted the plaintiff an irrevocable divorce (talak satu ba'in sughro).

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