Sawahlunto Religious Court Decision No. 209 of 2016: Application for Revocable Divorce Dismissed

The applicant submitted that the parties were married on 20 July 2007 and had two children. For the first five years their marriage had been harmonious but, by the end of 2012, it had become quarrelsome because, the applicant submitted, the respondent:

  1. was unsatisfied with the applicant's monthly salary;
  2. had forbade the applicant from meeting with his parents and relatives and providing them with money;
  3. had frequently directed profanities at the applicant and would request a divorce whenever the parties would quarrel.

On 7 August 2016, when the applicant returned home at around 10.00pm, the respondent directed further profanities at the applicant. The applicant then left the parties' home and returned to his family's home. The parties had remained separated for approximately two months since. The applicant's advice to the respondent had failed to change her behaviour and attitude. Believing the purpose of marriage, that being a peaceful, hopeful and loving family, was no longer attainable, the applicant requested that the court grant him a revocable divorce (talak satu raj'i).

In her oral response in court, the respondent concurred with the majority of the applicant's submissions. The respondent did not, however, concur with the applicant's submission that the respondent had forbade him from providing his parents with money. Rather, she had only said that his salary was insufficient to meet their own needs as it was. The respondent submitted that her family had attempted to make the parties reconcile but that the applicant and his family had failed to respond to their initial attempts. Furthermore, the respondent submitted that she did not want the applicant to divorce her. If the applicant's request for a divorce were successful, however, the respondent requested that the applicant pay her:

  1. IDR 1.2 million per month for three months (IDR 3.6 million) in unpaid spousal maintenance for the time the parties had already been separated;
  2. IDR 1 million per month for three months (IDR 3 million) for iddah (three-month period after divorce has been granted);
  3. a gold ring as divorce compensation (mut'ah); and
  4. IDR 600,000 per month in child maintenance for their two children until they were adults and independent.

In response, the applicant submitted that he could only afford:

  1. IDR 3 million in unpaid spousal maintenance;
  2. IDR 900,000 for iddah; and
  3. no divorce compensation (mut'ah).

In dismissing the applicant's request, the court justified its decision on the grounds that the parties had already been physically intimate with one another.

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