Serang Religious Court Decision No. 1057 of 2013: Irrevocable Divorce Granted Due To Ongoing Conflict

The parties were married on 16 September 2012 and had two children (aged 14 and 10). The plaintiff submitted that, during the marriage, the defendant:

  1. had had an extra-marital affair with a woman named Ami;
  2. had married a woman named Diana without the plaintiff’s permission; and
  3. often left the house without telling the plaintiff.

The parties divorced in April 2011 and married again on 26 September 2012. Problems escalated and, on 13 September 2013, the plaintiff filed for an irrevocable divorce (talak satu ba’in sughra).

The court acceded to the plaintiff's request, finding that the parties could no longer fulfil the purpose of marriage as envisaged by art 1 of Law No. 1 of 1974 on Marriage, and art 3 of the Compilation of Islamic Laws. Accordingly, the court, pursuant to art 39(2) of Law No. 1 of 1974, art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, granted the plaintiff an irrevocable divorce (talak satu ba'in sughra) on the grounds of ongoing conflict. The court also ordered the plaintiff to pay court costs (IDR 491,000).

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