Banda Aceh Shari'a Court Decision No. 61 of 2015

The parties were married on 14 September 2013 and had one child. Initially, they lived with the plaintiff's parents for three months in Banda Aceh, before moving to a shop rented by the plaintiff's parents out of which a mobile phone business was operated (also in Banda Aceh). The plaintiff submitted that the happiness in the marriage had begun to dissipate by January 2014 because:

  1. the mobile phone business was managed poorly by the defendant's nephew, while the defendant, after spending the day socialising with his friends, would return and coerce the plaintiff into taking the day's takings to meet the parties' own domestic needs, despite not contributing to the business himself, physically assaulting her if she did not comply with his wishes;
  2. the defendant would physically abuse the plaintiff while she was pregnant; and
  3. the business' lack of success resulted in the plaintiff having to request money from her parents (four times per month).

Problems escalated on 19 February 2015 when the plaintiff refused to return home from an event at her parents' home with the defendant, having already been slapped several times that day by the defendant. When she refused, the parties began to quarrel while still at the event.

Accordingly, the plaintiff sought a judicial divorce on the grounds of ongoing conflict, pursuant to art 19(f) of Goverment Regulation No. 9 of 1975, and art 116(f) and (h) of the Compilation of Islamic Laws. The plaintiff also sought custody of the parties' child on the grounds that the child was under the age of 12 (belum mumayyiz), and should therefore remain with his mother, pursuant to art 105(a) of the Compilation of Islamic Laws, as well as IDR 3 million per month in child maintenance, pursuant to art 105(c) of the Compilation of Islamic Laws.

In a letter dated 15 April 2015, however, the plaintiff withdrew her application for divorce, stating that she and the defendant had reconciled their differences. The Court accepted the withdrawal, and ordered the plaintiff to pay court costs (IDR 466,000).

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