Brebes Religious Court Decision No. 146 of 2010: Irrevocable Divorce For a Fee Granted

The parties were married on 20 September 2000, after which they lived with the plaintiff's parents for four years and three months. The parties had two children. Initially the marriage was harmonious, however, by 2004 the parties had begun to quarrel frequently, culminating in the defendant leaving the plaintiff on 21 December 2004. At the date of the proceeding, the parties had been separated for five years, the defendant living with his parents. During those five years the defendant had not provided the plaintiff with any financial support or any other support in kind. The plaintiff, therefore, claimed that the defendant had breached figures 1, 2 and 3 of their wedding vows (ta'lik talak), and was prepared to pay an 'iwadl of IDR 1,000 for the defendant to grant her a divorce (talak satu khul'i).

In the defendant's absence, the court acceded to the plaintiff's request. Pursuant to art 116(g) of the Compilation of Islamic Laws, it granted the plaintiff a divorce on the grounds that the defendant had breached their wedding vows.

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