Atambua Religious Court Decision No. 5 of 2014

The parties were married on 6 November 1999, after which they had lived with the plaintiff's parents. They had four children, all of whom were now in the care of the plaintiff. The plaintiff submitted that the parties' marriage had always been quarrelsome because the defendant had been reluctant to adhere to the requirements of Islam, that is, praying five times a day (shalat) and fasting for Ramadhan. Problems escalated in September 2004, the defendant leaving the plaintiff without her knowledge, after yet another argument. Since then the defendant had not provided the plaintiff with any financial or emotional support, and was no longer in contact with the plaintiff or their four children. Owing to her own impecuniosity, the plaintiff requested that the state bear her court costs.

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 that the parties had been separated for more than two consecutive years, as well as ongoing conflict, per art 19(b) and (f) of Government Regulation No. 9 of 1975, and art 116(b) and (f) of the Compilation of Islamic Laws.

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