Central Jakarta Religious Court Decision No. 528 of 2016: Revocable Divorce Granted

The parties were married on 22 February 2010 and had one child. Initially, the parties' marriage was harmonious. By August 2015, however, it had become quarrelsome because, the applicant submitted, the respondent constantly expressed a desire to return to her parents' home in Sulawesi. In October 2015, the respondent left the applicant for no apparent reason. She had also ceased all communications with the applicant. The applicant, feeling the marriage was beyond repair, 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, art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, acknowledged that, on the facts, the applicant had produced sufficient reasons to be granted a divorce. Moreover, that the parties' marriage could not realise the purpose of marriage as contained in the Qur'an, Surah Ar-Rum, verse 21, art 1 of Law No. 1 of 1974 on Marriage, and art 3 of the Compilation of Islamic Laws. Accordingly, despite the respondent's absence from court, the court acceded to the applicant's request on the grounds of ongoing conflict.

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