Padang Religious Court Decision No. 212 of 2014: Irrevocable Divorce for a Fee Granted

The parties were married on 4 May 2009. The plaintiff submitted that since the parties married, she had been invited to live at the defendant's parents' home in Jakarta. While pregnant she was verbally abused and threatened with divorce by the defendant, and, then in December 2009, while heavily pregnant, returned to her parents' home to give birth. After the birth of the child, the defendant ordered the plaintiff to return to the defendant's parents' home with their child and the plaintiff's parents. In August 2012, due to economic concerns, the parties returned to Padang to live with the plaintiff's parents, while the defendant searched for employment (albeit unsuccessfully). In October 2012, following a minor problem, the defendant left the plaintiff and their child and, since then, had not returned to see the plaintiff and their child or to provide financial support for the child.

The court, pursuant to art 116(g) of the Compilation of Islamic Laws, found that because the defendant had contravened figures 2 and 4 of the parties' marriage contract by not providing the plaintiff with any financial support for three months, and not caring for the plaintiff for more than six months (it had already been nine months), the evidentiary burden for divorce contained in art 39(2) of Law No. 1 of 1974 on Marriage had been met. The court granted the plaintiff a divorce and custody of the parties' child based on the plaintiff paying to the defendant IDR 10,000 (talak satu khul'i).

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