Makassar Religious Court Decision No. 774 of 2011: Irrevocable Divorce Granted

The parties were married on 1 March 2006 and had one child. The plaintiff submitted, however, that, since April 2010, the marriage had become quarrelsome because:

  1. the defendant was often physically violent towards the plaintiff, so much so that if the defendant were angry and emotional he would beat the plaintiff, leaving her with severe bruising (haematoma);
  2. the defendant frequently used profane language that the plaintiff found inappropriate; and
  3. the defendant never fulfilled his domestic responsibilities, having not provided for the plaintiff financially since December 2010.

The plaintiff left the matrimonial home in December 2010 and had not returned for the five months leading up to the proceeding.

Despite being formally summonsed, the defendant failed to attend mediation prior to the proceeding, as well as the proceeding itself. Due to the parties' ongoing conflict, pursuant to 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 an irrevocable divorce (talak satu bain shugra).

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