Makassar Religious Court Decision No. 720 of 2011: Irrevocable Divorce Granted Due To Ongoing Conflict

The parties were married on 15 March 2008 and had two children. Initially, the marriage had been harmonious. The plaintiff submitted, however, that, since January 2011, it had become quarrelsome because the defendant:

  1. had a gambling addiction and would return home in the middle of the night;
  2. had confessed to the plaintiff that he had had extra-marital affairs with other women; and
  3. rarely provided for the plaintiff and their children.

In January 2011, the plaintiff left the matrimonial home and returned to her parents' home, remaining there for the time leading up to the proceeding. During this time the parties rarely communicated, leading the plaintiff to file for divorce.

The defendant conceded that the majority of the plaintiff's submissions were true. He qualified, however, that he had had an extra-marital affair upon becoming very emotional seeing the plaintiff being picked up by another man driving an Avanza. The plaintiff acknowledged this but stated the other man was only a friend.

The court, pursuant to s 19(f) of Government Regulation No. 9 of 1975, and s 116(f) of the Compilation of Islamic Laws, acknowledged that the parties' ongoing conflict constituted a sufficient reason to grant the plaintiff an irrevocable divorce (talak satu bain sughra) and, accordingly, acceded to the plaintiff's application.

FirstPreviousPage 1 of of 13NextLast