Langsa Shari'a Court Decision No. 110 of 2016: Irrevocable Divorce Granted

The parties were married on 6 July 2012, after which time they had lived with the defendant's parents, before moving to the plaintiff's parents' home. The parties also had a three and a half month old son. In his vows (sighat taklik talak), the defendant promised to fulfil his spousal obligations and to treat the plaintiff well. Moreover, he stated that the plaintiff may divorce him before a religious court (pengadilan agama) if he ever:

  1. left the plaintiff for two consecutive years;
  2. failed to provide the plaintiff with financial support for three months;
  3. caused the plaintiff any physical or psychological harm; and/or
  4. neglected the plaintiff for six months.

The plaintiff submitted that the parties' marriage had been harmonious for the first three years. On 6 October 2015, however, the defendant had left the plaintiff for no apparent reason, never to return. During that time the defendant neither provided the plaintiff with any financial support nor did he communicate with her, contrary to points 2 and 4 of his marriage vows. Accordingly, the plaintiff requested that the court grant her a judicial divorce for a fee (talak satu khul'i) of IDR 10,000.

In acceding to the plaintiff's application, the court acknowledged the defendant's absence from court, but also accepted the plaintiff's submissions, as well as the written evidence submitted and the witnesses she produced in court to corroborate her evidence. Pursuant to art 116(g) of the Compilation of Islamic Laws, the court granted the plaintiff a divorce for a fee and ordered her to pay costs (IDR 361,000).

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