Malang Religious Court Decision No. 509 of 2015: Irrevocable Divorce Granted

The parties were married on 28 August 2007. They lived together in the plaintiff’s parent’s home for seven years and seven months and had one child (aged 7). Initially, the marriage was harmonious, but, by June 2012, it had become quarrelsome. The plaintiff submitted that:

  1. the defendant seldom worked and did not care for the plaintiff or their child, did not reasonably contribute to the marriage, and often physically assaulted the plaintiff when the parties would argue; and
  2. the defendant regularly consumed alcohol.

Problems escalated in September 2014, culminating in the parties separating. The parties did not communicate, and the defendant did not provide financial support to the plaintiff. The parties’ attempts to reconcile failed. The plaintiff, pursuant to art 19(f) of Government Regulation No. 9 of 1975, sought an irrevocable divorce and an exemption from paying court costs owing to her own impecuniosity.

The court found that the parties could no longer fulfil the purposes of marriage, as stipulated in art 1 of Law No 1 of 1974 on Marriage, and granted the plaintiff an irrevocable divorce (talak satu Ba'in Sughro). The court also exempted the plaintiff from paying court costs, shifting that burden to the state via the 2015 Malang Religious Court Budget Implementation Register (DIPA Pengadilan Agama Malang Tahun 2015).

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