Indonesian Supreme Court Decision No. 551 of 2013: Irrevocable Divorce Appeal Dismissed

The parties were married on 8 October 2000 and had two children. Before the Pontianak Religious Court (lower court), the cassation respondent had submitted that, since 2008, her marriage to the cassation applicant had become strained because the cassation applicant would often belittle the cassation respondent's parents, leaving the cassation respondent feeling offended. There were also issues pertaining to the ways in which the parties' families managed a relevant business, as well as allegations from the cassation respondent that the cassation applicant had been physically violent towards her, which necessitated a police report. The lower court had, accordingly, granted the cassation respondent an irrevocable divorce (talak satu ba'in shughra), pursuant to art 39 of Law No. 1 of 1974 on Marriage, and art 19(f) of Government Regulation No. 9 of 1975, on the grounds of ongoing conflict.

The cassation applicant appealed to the Supreme Court at cassation level on the grounds that the Pontianak High Religious Court, which had affirmed the decision of the lower court, had failed to summons him in an appropriate manner. The Supreme Court found that the cassation applicant had failed to establish this and, therefore, pursuant to art 30 of Law No. 14 of 1985 on the Supreme Court, as amended by Law No. 5 of 2004 and Law No. 3 of 2009, dismissed the appeal.

FirstPreviousPage 1 of of 12NextLast