Jantho Shari'a Court Decision No. 216 of 2015: Revocable Divorce

The applicant submitted that he and the respondent were married on 19 March 2010 and had one child, who was in the care of the respondent. The first the years of the parties' marriage had been harmonious, but since then they had become quarrelsome because the respondent was not prepared to be the wife of an Indonesian National Military (Tentara Nasional Indonesia) soldier. In June 2013, the respondent left the parties' home and the applicant's unit without the applicant's permission as her husband, or in an official capacity through the applicant's unit. The parties had remained separated since and the applicant had received dispensation as a member of the military to divorce the respondent.

The court was satisfied that the applicant had met the evidentiary burden contained in art 39(2) of Law No. 1 of 1974, and, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, acceded to the applicant's request for a revocable divorce (talak satu raj'i) on the grounds of ongoing conflict. The court also permitted the respondent to retain custody of the parties' child.

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