Atambua Religious Court Decision No. 6 of 2014

The parties were married on 17 July 2010, after which they had lived with the plaintiff's parents for one month, before the plaintiff followed the defendant to Soe in Nusa Tenggara for two years, and then to Belu in 2012, when the defendant was transferred to work for the Police there. The plaintiff submitted that the parties had been happily married for three and a half years but had no children. Since January 2014, however, the parties had frequently quarrelled because the defendant had had an extra-marital affair with a woman called Hasni from Fatubenao. As a result, the parties had been separated since 19 January 2014, and the plaintiff had suffered emotionally. She requested that the Court grant her an irrevocable divorce (talak satu ba'in sughra).

The Court found that, as one of the witnesses produced by the plaintiff had not known about the dire state of the parties' marriage, the plaintiff had only produced one witness. The plaintiff had circumvented this problem, however, by providing her own sworn statement that the parties' marriage was no longer everlasting and joyful, or peaceful, hoping and loving (sakinah, mawaddah wa rahmah), as envisaged by art 1 of Law No. 1 of 1974 on Marriage, and art 3 of the Compilation of Islamic Laws, respectively. Accordingly, the Court acceded to the plaintiff's request, finding that the plaintiff had provided sufficient evidence of ongoing conflict between the parties, as required pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws.

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