Curup Religious Court Decision No. 287 of 2016: Marriage Annulment

The applicant submitted that he and the respondent were married on 27 March 2016. The respondent's father had acted as the marriage guardian (wali nikah), and the dowry had been a prayer instrument and a five-gram gold ring. The parties had first met in November 2015, before the applicant proposed to the respondent in December 2015, and then requested the respondent's parents' permission to marry their daughter on 10 January 2016.

After the parties consummated their marriage, the applicant suspected that the respondent was not a virgin, despite the fact that the parties had not yet been physically intimate. On 1 April 2016, the applicant took the respondent to Dr Sazili, an obstetrician/gynaecologist, who ascertained that the respondent was already five months pregnant. The respondent then conceded that she had been physically intimate with another man before the parties were married, and that the unborn child's father was the other man.

The respondent, however, submitted that the Curup Religious Court was precluded from adjudicating the case because she was registered as a Bengkulu resident. After the applicant conceded as much, the Court acceded to the respondent's objection and abstained from passing judgment.

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