Cirebon Religious Court Decision No. 32 of 2015: Irrevocable Divorce Granted

The parties were married on 19 April 2013. They had lived together in the plaintiff’s parents’ house and had one child (aged 7 months). Initially, the marriage had been harmonious. By November 2013, however, the parties had begun to quarrel regularly. The plaintiff submitted that the defendant:

  1. had not provided adequate financial support; and
  2. was over-protective.

Problems escalated in August 2014 culminating in the defendant leaving the plaintiff. The plaintiff claimed that the aforementioned circumstances had caused the marriage to deteriorate irreparably, and requested that the court grant her an irrevocable divorce (talak satu bai’in shughra).

The court found that the marriage could no longer fulfil the purposes of marriage as envisaged at law, and that the plaintiff’s claim satisfied the requirements of art 39(2) of Law No. 1 of 1974, in conjunction with art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws. The court granted the plaintiff a divorce and ordered her to pay court costs (IDR 396,000).

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