Atambua Religious Court Decision No. 15 of 2015

The parties were married on 15 May 2014, after which they had lived with the plaintiff's parents for three months before moving to their own accommodation. The plaintiff submitted that, since 2014, the parties had frequently quarrelled because the defendant:

  1. had not permitted the plaintiff to adhere to a family planning program;
  2. had not permitted the plaintiff to see her family; and
  3. had forced the plaintiff to leave their accommodation when they would argue, even disposing of the plaintiff's clothes.

Consequently, the plaintiff had been living with her parents, while the defendant had remained in the parties' accommodation. It followed that the plaintiff sought an irrevocable divorce (talak satu ba'in sughra).

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.

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