Malang Religious Court Decision No. 482 of 2015: Irrevocable Divorce Granted

The parties were married on 5 October 1993. They had lived together in the defendant’s parents' home for 19 years and 10 months. The parties had two children (age 20 and 14). Initially the marriage was harmonious, but, by September 2006, it had become quarrelsome. The plaintiff submitted that the defendant had failed to adequately provide for their family due to his own lack of support and care for his family, not having a steady income, and not wanting to work.

Problems escalated in August 2013 resulting in the plaintiff leaving the defendant to live at her parents' home. The parties lived apart for one year and seven months, during which time they did not communicate and the defendant provided the plaintiff with no financial support.

Reconciliation attempts having failed, the plaintiff, pursuant to art 19(f) of Government Regulation No. 9 of 1975, sought an irrevocable divorce on the grounds of ongoing conflict and the parties' matrimony no longer being harmonious, as stipulated in Law No. 1 of 1974 on Marriage.

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. Moreover, 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, there were sufficient reasons to grant the plaintiff an irrevocable divorce (talak satu Ba’in Sughro). The plaintiff was ordered to pay court costs (IDR 316,000).

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