Atambua Religious Court Decision No. 9 of 2014

The parties were married on 1 October 2010, after which they had lived with the plaintiff's parents. They had been married for eight years and had two children. The plaintiff submitted that the parties' marriage was no longer harmonious, however, because the defendant had physically assaulted her. More specifically, he had burned a cigarette out on her right elbow and thigh because the plaintiff had failed to make the defendant a coffee to his satisfaction. As a result, the parties had been separated since 2011, 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, that being an everlasting and joyful, as well as peaceful, hopeful and loving (sakinah, mawaddah dan rahmah) domestic life. It acceded to the plaintiff's request on the grounds of ongoing conflict, per art 19(a) and (f) of Government Regulation No. 9 of 1975, and art 116(a) and (f) of the Compilation of Islamic Laws.

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