Parepare Religious Court Decision No. 122 of 2013: Revocable Divorce Granted Due to Ongoing Conflict

The parties were married on 4 April 2004 and had two children, who were now in the care of the respondent. They had lived with the applicant's parents for two years, before moving to the respondent's parents' home, where they had lived for six years and five months. The applicant submitted that the marriage had been harmonious until mid-2008, when the respondent had begun to flout the applicant's wishes, and the respondent's family had begun to meddle in the parties' domestic affairs. In June 2010, the applicant quarrelled with the respondent's family yet again, resulting in the applicant being asked to leave the respondent's parents' home, before the local imam was able to bring them to reconcile. In September 2012, following yet another argument, the applicant returned to his own parents' home.

The parties had remained separated for the seven months leading up to the proceeding, which had caused the applicant to suffer emotionally. Resigned to the fact that the marriage could not be salvaged, the applicant requested the court's permission to divorce (talak satu raj'i) the respondent.

Despite the respondent's absence from court, the court, pursuant to art 39(2) of Law No. 1 of 1974 on Marriage, art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, acceded to the applicant's request on the grounds of ongoing conflict.

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