Bekasi Religious Court Decision No. 1324 of 2011: Irrevocable Divorce Granted Due To Ongoing Conflict

The parties were married on 8 February 2009. On 17 July 2009 they had their first and only child and, after two years, relocated to Denpasar, Bali. Since July 2010, however, the parties had begun to quarrel regularly. The plaintiff submitted that this was because:

  1. the defendant's temperamental nature would often result in discussions turning into arguments where the defendant would slap, hit and shove the plaintiff; and
  2. the defendant had not provided the plaintiff with financial or emotional support since March 2011.

Indeed, in March 2011, problems escalated, resulting in the defendant leaving the matrimonial home. The plaintiff asserted that the parties' differences were irreconcilable and that the court should find sufficient reason to grant her an irrevocable divorce (talak satu ba'in sughro), pursuant to Law No. 1 of 1974 on Marriage, and art 19 of Government Regulation No. 9 of 1975, and art 116 of the Compilation of Islamic Laws. The court concurred, finding that ongoing conflict between the parties satisfied the legitimate reason requirement to grant a divorce, per art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws.

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