Gresik Religious Court Decision No. 628 of 2016: Revocable Divorce Granted

The parties were married on 4 August 2007 and had lived with the applicant's parents for eight years and seven months. While they had had a child, the child had died at birth on 21 November 2013. The applicant submitted that the marriage had been harmonious until 8 March 2016 when the applicant learned that the respondent was having an extra-marital affair with another man. Problems escalated on 11 March 2016, resulting in the respondent leaving the matrimonial home without notice. For the next month the respondent had not returned home, nor had she contacted the applicant. The applicant submitted that the respondent's conduct constituted neglect of her responsibilities as a wife. The applicant, accordingly, requested that the court grant him a revocable divorce (talak satu raj'i).

After corroborating the applicant's submissions with information provided by two of the applicant's witnesses, the court acceded to the applicant's request, 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, on the grounds of ongoing conflict between the parties.

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