Tapak Tuan Shari'a Court Decision No. 97 of 2015: Revocable Divorce Granted

The parties were married on 11 April 2006 and had two children. Initially, the marriage was harmonious. By 2011, however, it had become quarrelsome because, the applicant submitted, the respondent:

  1. would become excessively suspicious that the applicant was having an extra-marital affair; and
  2. never respected the applicant as her husband.

In December 2013, the parties separated and had remained that way for approximately 15 months. The applicant requested that the court grant him a revocable divorce (talak satu raj'i).

In response to the applicant's submissions, the respondent submitted that her suspicions were not unwarranted as the applicant had indeed secretly married (nikah siri) another woman, who was the reason the parties had remained separated since December 2013. Furthermore, the respondent submitted that the applicant would often look for a reason to become angry with her, even in front of their children. While the respondent concurred with the applicant that the parties were no longer compatible, she conceded that if the applicant were to divorce his other wife, she would welcome him back. If, however, the applicant refused to do so, the respondent sought an order granting her custody of the parties' children, requiring the applicant to pay to the respondent IDR 500,000 per month in child maintenance, as well as IDR 2 million for iddah (three-month period after divorce has been granted), as well as whatever the applicant believed appropriate to pay in mut'ah (divorce compensation).

The court, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, acceded to the applicant's request, granting him a revocable divorce (talak satu raj'i) on the grounds of ongoing conflict. The applicant also agreed to the respondent's request, and provided her with a Seiko watch as mut'ah.

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