Malang Religious Court Decision No. 2074 of 2014: Irrevocable Divorce Granted

The parties were married on 18 October 2012. They lived with the plaintiff’s parents' and did not have any children. Initially, their marriage was harmonious. By the beginning of 2014, however, they had begun to quarrel regularly. The plaintiff submitted that the matrimonial home was no longer harmonious because:

  1. the defendant's spending on non-domestic needs had resulted in debts to a particular bank (one witness acknowledged that debt collectors would visit the parties' residence to collect), while he would borrow the plaintiff's car without her knowledge or permission; and
  2. the defendant had failed to provide his family with appropriate financial support because he seldom worked, and failed to care for the plaintiff and the plaintiff’s family.

Problems escalated in 2014, resulting in the plaintiff evicting the defendant from her parents' home. The defendant never returned and provided the plaintiff with no financial support. The plaintiff’s attempts to reconcile with the defendant were in vain, as she did not know his whereabouts.

The plaintiff, pursuant to art 19(f) of Government Regulation No. 9 of 1975 on Marriage, sought a divorce on the grounds of ongoing conflict.

Despite the defendant's absence from court, the court found that the purpose of marriage, being a happy and harmonious home life, was no longer feasible. Therefore, there were sufficient reasons, pursuant to art 39 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, to grant the plaintiff an irrevocable divorce (talak satu ba’in sughra) on the grounds of ongoing conflict.

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