Kendari Religious Court Decision No. 599 of 2014: Irrevocable Divorce Application Withdrawn Due to Plaintiff's Pregnancy

The parties were married on 19 November 2011 and had one child. Initially, the marriage was harmonious. Entering their third year as husband and wife, however, the parties had begun to quarrel regularly. The plaintiff submitted that this was because the defendant would often leave their home without informing the plaintiff, not return until the middle of the night, without any legitimate excuse, and sometimes return enraged, sometimes even physically harming the plaintiff and their child.

Following Eid al-Fitr (Idul Fitri) in 2014, the parties had begun to sleep in separate beds. On several occasions, the plaintiff had reminded and counselled the defendant to treat his family well. Her advice fell on deaf ears, however, as the defendant's behaviour worsened, resulting in him leaving the plaintiff, and returning to his own parents' home. The plaintiff submitted that, in order to protect the welfare of the parties' child, as well as that of her own, and taking into account that the child was under the age of 12 (mumayyiz), she should, pursuant to art 150 of the Compilation of Islamic Laws, be granted custody of the child. Moreover, that the defendant should be ordered to pay to the plaintiff IDR 5 million per month in child maintenance until the child had either reached adulthood or was independent. The plaintiff also submitted that a judicial divorce (talak satu bain sughra) was the only feasible option.

Following deliberations between the court and the plaintiff's legal representation, the plaintiff agreed to temporarily withdraw her application for divorce on the grounds that she was heavily pregnant. Accordingly, despite the defendant's absence from court, the parties remained married. The court also ordered the plaintiff to pay court costs (IDR 261,000).

FirstPreviousPage 1 of of 8NextLast