Sekayu Religious Court Decision No. 5 of 2017: Revocable Divorce Granted

The parties were married on 21 March 2012 and had no children. The applicant submitted that the parties' marriage had been harmonious for the first eight months. Since August 2013, however, it had become quarrelsome because, the applicant submitted, the respondent:

  1. frequently neglected her duties and responsibilities as a wife;
  2. frequently left the parties' home for no apparent reason, with no destination in mind, and without the applicant's permission;
  3. was frequently stubborn when counselled by the applicant;
  4. had accumulated debts unbeknownst to the applicant;
  5. had a mother and sibling that frequently meddled in the parties' domestic affairs;
  6. was frequently dishonest with the applicant;
  7. had uttered the word 'divorce' ('cerai') to the applicant; and
  8. had a disharmonious relationship with the applicant's family.

Problems escalated on 25 November 2015 when the applicant suggested that the respondent not leave the applicant's parents' home yet again. The ensuing argument led the applicant to order the respondent to leave his parents' home. The parties had remained separated for the past 13 months. The applicant had made several attempts to reconcile with the respondent, albeit unsuccessfully. The applicant, therefore, requested that the court grant him a revocable divorce (talak satu raj'i).

Despite the defendant's absence from court, 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 Compilation of Islamic Laws, acceded to the plaintiff's request on the grounds of ongoing conflict between the parties.

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