Balikpapan Religious Court Decision No. 427 of 2014

The parties were married on 30 August 2006. For the first six months of their marriage they lived in Balikpapan, before relocating to Blitar for one year and nine months. Initially, the marriage was harmonious. After moving to Blitar to live with the defendant's parents, however, the marriage had become quarrelsome because the defendant would frequently leave the home in the afternoon and return in the middle of the night intoxicated. The plaintiff also submitted that the defendant would physically assault her on a regular basis. In 2007, the defendant verbally divorced the plaintiff three times, one in Balikpapan, and twice in Blitar. For the duration of the marriage, the defendant had failed to provide the plaintiff with any money, the parties having to rely on the plaintiff's father for financial support. The plaintiff submitted that, unable to cope with the defendant's treatment of her, she had decided to return to her parents' home in Balikpapan. She requested that the court grant her a divorce for a fee (talak satu khul'i).

Pursuant to art 116(g) of the Compilation of Islamic Laws, the court acceded to the plaintiff's request, noting that the plaintiff had established that the defendant had neglected his spousal obligations, and breached his marriage vows (taklik talak). The court also acknowledged that the parties' marriage was no longer a peaceful, hopeful and loving domestic life, as envisaged by art 1 of Law No. 1 of 1974 on Marriage, and art 3 of the Compilation of Islamic Laws.

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