Meulaboh Shari'a Court Decision No. 154 of 2012: Revocable Divorce Granted but Custody Withheld

The parties were married on 2 October 2003. The applicant had two children from his previous marriage, and the respondent had three from hers. They also had two children of their own. The applicant submitted that the marriage had only been harmonious for a year before it had become quarrelsome. This was because, the applicant maintained, the respondent would become emotional towards the applicant and undervalued him as her husband. For example, if the applicant returned home late, the respondent would become angry and verbally abuse the applicant, in public and behind closed doors. The respondent had also once thrown her slippers and a rock at the applicant while verbally abusing him.

On 6 July 2012, the respondent, having never shown any affection towards the applicant's children from his first marriage, asked the applicant's children to leave the parties' home. As a result, the applicant was forced to find his own children a rental property. On 9 July 2012, during an argument, the applicant orally divorced the respondent, resulting in the parties separating. In requesting the court's permission to divorce (talak satu raj'i) the respondent, the applicant also submitted that the two children from the parties' marriage be placed in his care as the respondent was not a competent mother.

In response, the respondent submitted that many of the parties' problems were a result of the applicant's gambling addiction. While the respondent did not seek financial compensation for iddah (three-month period after divorce has been granted) or mut'ah (divorce compensation), she sought custody of the parties' two children, and an order that the applicant pay to her IDR 200,000 per month for child maintenance.

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. The court, however, granted custody of the parties' two children to the respondent, and ordered the applicant to pay to the respondent IDR 200,000 per month in child maintenance.

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