Atambua Religious Court Decision No. 3 of 2013: Divorce Request Dismissed Due To Lack of Evidence

The parties were married on 8 January 2006 and had three children. Before moving to their own home, they had first lived with the respondent's parents for three months, and then the applicant's parents for six months. The applicant submitted that, by July 2006, the parties' marriage had become quarrelsome because:

  1. the parties once quarrelled because the applicant left the matrimonial home to attend a wedding because the bride and groom had hired his soundsystem;
  2. in 2007, the parties quarrelled because the applicant had left for Kupang to be with his parents who were farewelling the applicant's sibling who was returning home to Java - the respondent objected to the applicant doing so, even becoming angry with the applicant and his parents;
  3. in 2008, the parties quarrelled again when the applicant opened an internet cafe in Atambua, which resulted in the applicant often not returning home until the evening, the respondent becoming angry with the applicant, directing profanities at the applicant and even threatening to stab him with a knife;
  4. at the end of 2008, the respondent would often conduct herself in an impolite manner, failing to show any appreciation for the applicant as her husband, even being impolite towards the applicant's parents; and
  5. in October 2012, when the applicant wanted to leave for Betun to mourn the loss of a friend, the applicant had objected.

As a result, the parties had been separated since October 2012, the applicant living in Atambua, while the respondent had been living in Halilulik. The applicant submitted that it was no longer feasible for the parties to create a peaceful, hopeful and loving (sakinah, mawaddah dan rahmah) domestic life and, therefore, sought a revocable divorce (talak satu raj'i).

The respondent rejected all of the applicant's submissions, submitting that the marriage could be salvaged, and that the court should dismiss the applicant's request for a divorce.

The court acknowledged that the parties' evidence conflicted. It also noted, however, that the applicant had already failed, on two occasions, to produce two witnesses to attest to his submissions. Therefore, citing Kitab Al Muhadzdzab Juz II, page 320, the applicant's failure to provide sufficient evidence meant his request had to be dismissed.

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