Blitar Religious Court Decision No. 4101 of 2012: Revocable Divorce Granted Due To Ongoing Conflict

The parties were married on 26 July 2008 before a marriage registrar from the local Office of Religious Affairs. They then lived with the respondent's parents before moving to a rental property. The parties also had one child.

The applicant submitted, however, that the parties' marriage became quarrelsome from 25 November 2012, after the applicant discovered that the respondent had been having an extra-marital affair with another man. Since that date the parties had remained separated, had shared no physical intimacy, and their child had remained in the applicant's care. The applicant submitted that he did not want the child to be transferred into the care of the respondent given her recent conduct.

The court acknowledged that the purpose of marriage, as contained in the Qur'an, Surat 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(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, the court, in the respondent's absence, acceded to the plaintiff's application for a revocable divorce (talak satu raj'i) on the grounds of ongoing conflict.

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