Temanggung Religious Court Decision No. 416 of 2016: Revocable Divorce Granted

The parties were married on 31 March 2011, after which they had lived with the respondent's parents for almost two and a half years. In August 2013, however, the parties separated after their marriage had become quarrelsome. The applicant submitted that this was because the respondent had no apparent reason for not wanting to live with the applicant's parents at a time when the applicant had to take care of his elderly parents. The applicant submitted that the parties' marriage was no longer joyful, peaceful, hopeful and loving (bahagia, sakinah, mawadah dan rohmah) based on one almighty God (Ketuhanan Yang Maha Esa). The parties' disagreement and subsequent quarrelling had also prevented them from conceiving a child. Accordingly, the applicant requested that the court grant him a revocable divorce (talak satu raj'i).

The court, pursuant to art 39(2) of Law No. 1 of 1974 on Marriage, arts 19(f) and 22 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 handed down its verdict despite the respondent's absence from court.

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