Blitar Religious Court Decision No. 994 of 2015: Irrevocable Divorce Granted

The parties were married on 25 June 2006, had lived together in the plaintiff’s parents' home for two years, and had one child (aged 8). Initially, the marriage was harmonious. By June 2007, however, the parties had begun to quarrel regularly. The plaintiff submitted that the defendant had never provided her with financial support, and that the defendant would often leave the plaintiff without any warning or reason. The marriage deteriorated and the defendant moved to his parents' house. The plaintiff claimed that these circumstances had led to irreconcilable disharmony in the marriage, and requested that the Court grant her an irrevocable divorce (talak ba'in sughro).

The court acknowledged that the purpose of marriage, as contained in the Qur'an, Surat Al Rum, verse 21, as well as art 1 of Law No. 1 of 1974, and art 3 of the Compilation of Islamic Laws, being a peaceful, hopeful and loving home, was no longer feasible. Therefore, pursuant to the elucidation of art 37 of Law No. 1 of 1974, art 19(b) and (f) of Government Regulation No. 9 of 1975, and art 116(b) and (f) of the Compilation of Islamic Laws, the court acceded to the plaintiff's application for a revocable divorce (talak satu raj'i) on the grounds that the parties had been apart for longer than two consecutive years, as well as ongoing conflict.

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