Blitar Religious Court Decision No. 4416 of 2014: Revocable Divorce

The parties were married on 27 April 2008. After marrying, the parties lived happily with the applicant's parents, and had one child. The parties remained happily married until 2009, after which they began to quarrel regularly. The applicant submitted that this was because:

  1. the respondent, after giving birth, would become frightened and traumatised if in the presence of the applicant (this remained the case for five years);
  2. when the respondent recovered from this condition, if asked about it, she would say she would become scared if she could not please the applicant;
  3. in 2010, the applicant relocated to Korea for work but maintained communication with the respondent, but when he returned to Indonesia in 2013, the respondent fell ill again.

As a result, the parties had been separated for the past five years, during which time they had not shared any physical intimacy. The applicant submitted that the marriage was beyond repair and, accordingly, requested that the court grant him a divorce.

The court acknowledged that the purpose of marriage, as contained in the Qur'an, Surah Al Rum, verse 21, as well as art 1 of Law No. 1 of 1974, and art 3 of the Compilation of Islamic Laws, being a peaceful, hopeful and loving home, was no longer feasible. Therefore, pursuant to the elucidation of art 37 of Law No. 1 of 1974, art 19(b) and (f) of Government Regulation No. 9 of 1975, and art 116(b) and (f) of the Compilation of Islamic Laws, the court acceded to the plaintiff's application for a revocable divorce (talak satu raj'i) on the grounds of having been apart for longer than two consecutive years, as well as ongoing conflict.

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