Atambua Religious Court Decision No. 4 of 2015

The parties were married on 24 December 1995, after which they had lived with the plaintiff's parents for three days, before departing for Irian Jaya, where they lived for three years, before then returning to Atambua. The parties had four children. The plaintiff submitted that, since October 2005, the parties had frequently quarrelled because the defendant:

  1. gambled frequently, ignoring the plaintiff's advice to stop;
  2. would ignore the plaintiff's suggestions; and
  3. had repudiated his responsibilities towards his children and the plaintiff as a financial provider.

The parties had been separated for the past 10 years and the plaintiff requested that the Court grant her an irrevocable divorce (talak satu ba'in sughra).

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. While not part of the plaintiff's submissions, it also found that the quarrelling between the parties was akin to domestic violence and, pursuant to arts 5(d) and 9 of Law No. 23 of 2004 on the Abolition of Domestic Violence, had to be stopped immediately.

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