Makassar Religious Court Decision No. 1471 of 2010: Revocable Divorce Granted

The parties were married on 5 November 2005 and had one child. The applicant submitted that, since 2006, he and the respondent had quarrelled regularly because the respondent:

  1. did not want to join the applicant at the applicant's place of residence; and
  2. often became angry/emotional and would mention divorce, as well as ordering the applicant to marry someone else.

The respondent had left the matrimonial home and returned to her parents' home on 11 August 2010, where she had remained for the four months leading up to the proceeding. During this time the parties had not communicated.

The respondent admitted to often being angry and mentioning divorce. She justified this, however, on the grounds that every time the parties were physically intimate the applicant would say he felt like the respondent was raping him. Accordingly, the respondent told the applicant that if he was not happy with the respondent, he should divorce her and remarry. The respondent also objected to the applicant's claim that the respondent had left the matrimonial home in August 2010, stating that she had left the matrimonial home then to spend Lebaran (Eid al-Fitr) with her parents in Bulukumba. Moreover, that the applicant even accompanied the respondent to Bulukumba and stayed for a week before returning to Makassar. The respondent further alleged that the applicant was yet to return to Bulukumba because he had already married another woman, and that the parties remained in contact via telephone because of their children.

Given the parties' evident ongoing conflict, the court, pursuant to art 39(2) of Law No. 1 of 1974 on Marriage, art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, granted the applicant a revocable divorce (talak satu raj'i). It also ordered the applicant, pursuant to arts 149 and 160 of the Compilation of Islamic Laws, to pay to the respondent IDR 300,000 per month in child maintenance, as well as IDR 1 million in mut'ah (divorce compensation) and IDR 1 million in iddah (three-month period after divorce has been granted).

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