Balikpapan Religious Court Decision No. 351 of 2014: Revocable Divorce Granted

The parties were married on 20 February 2004 and had two children, both of whom were now in the care of the respondent. The applicant submitted that, since June 2013, the parties' marriage had become quarrelsome because the respondent had failed to appreciate the applicant as her husband, often insulting and shaming him, as well as arguing with him. Problems escalated on 7 August 2013, resulting in the parties separating.

The respondent submitted, in response, that much of her behaviour and poor treatment of the applicant was in response to the applicant having had extra-marital affairs since the respondent was pregnant. In compensation for the applicant being granted a divorce, the respondent sought IDR 2 million per month in child maintenance, IDR 6 million for iddah (three-month period following divorce), as well as IDR 150 million for the construction of the parties' home in Panaikang, Pangkep, South Sulawesi, or that the home be registered in the name of the parties' two children. The applicant was content with the parties' children remaining in the respondent's care, but submitted that IDR 500,000 per month in child maintenance, IDR 1.5 million for iddah, and IDR 5 million for the home was sufficient.

The court granted the applicant a revocable divorce (talak satu raj'i), pursuant to art 19(f) of Government Regulation No. 9 of 1975 and art 116(f) of the Compilation of Islamic Laws, on the grounds of ongoing conflict. It granted the respondent custody of the parties' children, however, while ordering the applicant to pay to the respondent IDR 1 million per month in child maintenance, IDR 3 million for iddah, and IDR 5 million in regards to the construction of the home, as the parties had only contributed IDR 10 million towards its construction collectively. It also noted that information provided by witnesses corroborated to suggest that the applicant had indeed been having extra-marital affairs.

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