Ambon Religious Court Decision No. 93 of 2011: Divorce Granted Due To Ongoing Conflict

The parties were married on 21 May 2010 and had one child. The applicant submitted that after two months, on 14 July 2010, the parties had quarrelled but were still living together. After the birth of the parties' child in January 2011, the parties had begun to quarrel frequently. By February 2011 the parties had begun to argue on a daily basis, prompting the applicant to leave the parties' home. Accordingly, the applicant sought the court's permission to divorce the respondent (talak satu raj'i).

The court acknolwedged that the parties' marriage was in an irreparable state and no longer constituted a joyful and everlasting domestic life, per art 1 of Law No. 1 of 1974 on Marriage, or a peaceful, hopeful and loving domestic life, per art 3 of the Compilation of Islamic Laws. 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, it acceded to the applicant's request on the grounds of ongoing conflict.

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