Banyumas Religious Court Decision No. 128 of 2012: Irrevocable Divorce Granted Due To Ongoing Conflict

The parties were married on 21 May 2002 and had two children. After first living with the defendant's parents, and then the defendant's older sibling, the plaintiff lived alone in a rental property from September 2003-January 2004, before returning with the defendant to live with the defendant's parents until June 2004. For the next three years the parties lived together in two separate rental properties until June 2007, when the defendant left the plaintiff, returning to his parents' home until March 2010. During that time, however, the defendant regularly returned to the parties' rental property. After March 2010 the defendant left the plaintiff, and the parties had remained separated up until the time of the proceeding.

The plaintiff claimed that the parties had lived harmoniously until mid-June 2003, after which they had begun to quarrel regularly. The defendant left in March 2010 as a result of:

  1. the defendant's lack of care for the plaintiff, which had left the plaintiff feeling uncomfortable;
  2. the defendant's parents meddling in the parties' domestic affairs;
  3. the defendant slapping and verbally abusing the plaintiff when the parties would argue; and
  4. the defendant accusing the plaintiff of having had an extra-marital affair, and therefore questioning the paternity of the parties' second child.

In the defendant's absence, the court acceded to the plaintiff's application, granting her an irrevocable divorce (talak satu bain shughra) on the grounds of 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 also ordered the plaintiff to pay court costs (IDR 406,000).

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