Bukittinggi Religious Court Decision No. 464 of 2015: Irrevocable Divorce For a Fee Granted

The parties were married on 3 September 2004 and had two children. The plaintiff submitted that, on 28 March 2014, the defendant accompanied the plaintiff to Medan for medical treatment. The next day the defendant returned home, leaving the plaintiff at her elder sibling's home. Initially, the parties had remained in contact. After two months, however, the plaintiff telephoned the defendant asking why he had not inquired as to how she was, and why he had not sent her any money. When the plaintiff pushed the issue, it became apparent that the defendant had intended to divorce the plaintiff.

On 4 September 2014, the defendant telephoned the plaintiff, asking her to take him to his parents' home. The plaintiff was unsure, however, for how long the defendant had been living with his parents. When the plaintiff and her parents attended the defendant's parents' home to bring him back to the parties' home, the defendant orally divorced (talak) the plaintiff. Since then the parties' communication had ceased. Moreover, the parties had lived separately since 28 March 2014, and the defendant had failed to provide the plaintiff with any financial support. Therefore, the plaintiff submitted, the defendant had contravened his marriage vows (sighat taklik talak), per the parties' marriage book (buku nikah), entitling her to divorce the defendant for a fee (iwadh).

Seeking to be exempted from any court fees, the plaintiff also submitted that she was an impecunious person, financially responsible for two children, receiving government-funded health benefits, and the holder of a social security card.

Pursuant to art 116(g) of the Compilation of Islamic Laws, the court granted the plaintiff a divorce for a fee (talak satu khul'i), as well as exempting her from all court fees.

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