East Jakarta Religious Court Decision No. 868: Irrevocable Divorce Granted

The parties were married on 4 April 2011 and had one child. The plaintiff submitted, however, that, since November 2011, the parties' differences of opinion had affected their marriage. Moreover, the plaintiff submitted that:

  1. the parties quarrelled on a regular basis;
  2. the defendant had never provided the plaintiff with any financial support from the time of marriage;
  3. the defendant did not work;
  4. the parties had agreed to divorce before the East Jakarta Religious Court;
  5. the parties had already been separated for two and a half years without providing each other any financial or emotional support;
  6. the parties had failed to fulfil their spousal responsibilities via-a-vis one another;
  7. the plaintiff had already endeavoured to resolve the parties' problems through deliberation and discussion with the defendant, but to no avail; and
  8. the parties' problems were irreconcilable and that divorce was the most feasible option.

The defendant was summonsed to appear, but failed to do so. The court, pursuant to art 19(f) of Government Regulation No. 9 of 1975, art 116(f) of the Compilation of Islamic Laws, and arts 33 and 34 of Law No. 1 of 1974 on Marriage, granted the plaintiff an irrevocable divorce (talak satu ba'in sughro) on the grounds of ongoing conflict, as well as on the grounds of the defendant's repudiation of arts 2 and 4 of the parties' marriage vows (sighat ta'lik thalak), pursuant to art 119 of the Compilation of Islamic Laws.

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