South Jakarta Religious Court Decision No. 2802 of 2013: Revocable Divorce Granted

The parties were married on 18 February 2002 and had two children. The applicant submitted, however, that, since 2003, he and the respondent had quarrelled regularly. This was a result of:

  1. incompatibility and a difference of opinion as to domestic affairs;
  2. the respondent not obeying the applicant; and
  3. the respondent often sharing embarrassing family stories with other people.

Problems escalated in October 2013 resulting in the parties separating, the applicant moving to his parents' home. Since then the parties had not been physically intimate.

The respondent dismissed many of the applicant's claims, qualifying that while she and the applicant had quarrelled, their problems were still reconcilable. Moreover, that she had been an obedient and respectful wife and had not shared embarrassing family stories with other people. The respondent claimed that the applicant had confessed his own infidelity to her, and that this was the primary cause of the rift in their marriage.

Pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, the court granted the applicant a revorcable divorce (talak satu raj'i) on the grounds of ongoing conflict. The court also ordered the applicant to pay to the respondent IDR 2 million per month in child maintenance, as well as IDR 1.5 million for iddah (100-day period after divorce has been granted), IDR 2 million for mut'ah (divorce compensation), and IDR 2 million in back payments.

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