Bandung Religious Court Decision No. 2889 of 2014: Irrevocable Divorce

The parties were married on 7 May 2011 and had two children. The plaintiff submitted, however, that since January 2012, the marriage had become quarrelsome. This was a result of:

  1. differing values vis-a-vis domestic affairs, namely the defendant's dishonesty regarding financial affairs; and
  2. the defendant often stealing other people's property, causing the plaintiff and her family to have to apologise to the relevant persons.

Problems escalated in March 2012 causing the plaintiff and defendant to separate, with the defendant having lived in rental accommodation for approximately the past two years and five months up until the time of the proceeding.

Despite being summonsed formally, the defendant failed to attend the proceeding. Due to the ongoing conflict between the parties, the court granted the plaintiff an irrevocable divorce (talak satu bain shughra), pursuant to art 39 of Law No. 1 of 1974 on Marriage, art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws.

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