Atambua Religious Court Decision No. 8 of 2015

The parties were married on 28 October 2007, after which they had lived with the defendant's parents. The parties also had one child. The plaintiff submitted that, by the end of 2012, the parties' marriage was no longer harmonious because the defendant had had an extra-marital affair with another woman by the name of Yustika. The defendant's duplicity had become a source of tension between the parties, even moving the defendant to express his desire to divorce the plaintiff. By January 2013 both parties had returned to their respective parents' homes. The plaintiff submitted that, since the parties' separation, the defendant had contacted her to inform her that he had remarried. The plaintiff also requested that, owing to her own impecuniosity, the Court waive any procedural court costs.

In the defendant's absence, the Court acknowledged that the parties' marriage had deterioriated and no longer represented that envisaged by art 1 of Law No. 1 of 1974, art 3 of the Compilation of Islamic Laws, and the Qur'an in surat Ar-Rum, verse 21. It acceded to the plaintiff's request on the grounds of ongoing conflict, per art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws. It also ordered the state to bear the plaintiff's court costs.

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