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The parties were married on 1 June 2001. They had lived together in the plaintiff’s parents’ home and had one child (aged 11). The plaintiff submitted that, initially, the marriage had been harmonious. By January 2011, however, it had become quarrelsome because the defendant:

1. had had an extra-marital affair and a clandestine marriage (nikah siri);
2. had not contributed financially to the marriage with the plaintiff;
3. often hit the plaintiff when the parties would argue.

Problems escalated in January 2012 culminating in the plaintiff leaving the defendant. The plaintiff claimed that the circumstances had caused the marriage to deteriorate irreparably, and requested that the court grant her an irrevocable divorce (talak satu bai’in shughra).

The court found that the marriage was irreparable and could no longer fulfil the purposes of marriage as envisaged in art 1 of Law No. 1 of 1974, and that the plaintiff’s claim satisfied the requirements of art 39(2) of Law No. 1 of 1974, in conjunction with 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 Ba’in Sughra) and ordered her to pay costs (IDR 506,000).