Atambua Religious Court Decision No. 3 of 2014

The parties were married on 8 May 2006 but had no children. The applicant submitted that, since 3 February 2012, the parties' marriage had been disharmonious after the respondent had ignored the applicant's pleas for her to return to Atambua, after having obtained the applicant's permission to return to her parents' home in Ainiba to help plant a rice padi. Accordingly, the applicant sought the Court's permission to divorce the respondent (talak satu raj'). Owing to his own impecuniosity, the applicant also requested that the state bear his 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. The Court also ordered the state to bear the applicant's costs.

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