Yogyakarta High Religious Court Decision No. 34 of 2009: Appeal Against Irrevocable Divorce Dismissed

The Bantul Religious Court (lower court) had granted the respondent an irrevocable divorce (talak satu bain sughra), as well as custody of the parties' child until she reached 12 years of age (mumayyiz), three-quarters of the parties' joint assets, and ordered the appellant to pay to the respondent IDR 2.75 million per month in child maintenance until the child reached 21 years of age. The appellant sought to challenge that decision on the grounds that:

  1. the lower court had concluded the parties frequently quarrelled, despite any evidence thereof;
  2. there was confusion as to the status of the second witness produced by the respondent, who was declared to be the respondent's former neighbour;
  3. division of the parties' joint assets was incorrectly stipulated;
  4. the figure of IDR 2.75 million was unfounded; and
  5. witnesses produced by the respondent did not support the respondent's claims.

The court dismissed these objections, except for the appellant's claim that IDR 2.75 million per month in child maintenance was excessive. Taking into consideration the appellant's monthly wage (IDR 1.5 million), it reduced that figure to IDR 750,000.

The court did, however, decide to issue its own judgment as it objected to the respondent's unilateral request to make a bequest to the parties' child of their joint assets, without the appellant's consent.

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