Yogyakarta Religious Court Determination No. 522 of 2014: Polygamous Marriage Ratification Application Dismissed due to Absence of Parties

The applicant married the first respondent on 21 May 2006, and the parties had their first and only child on 30 January 2009. Throughout their marriage the parties had never quarrelled and had executed their spousal duties appropriately. On 29 August 2014, however, the applicant married the second respondent, without having the marriage recorded officially (a siri (clandestine) marriage). The marriage was officiated by the second respondent's father, and witnessed by the second respondent's neighbour and the applicant's neighbour. The applicant claimed his relationship with the second respondent prior to marrying her was not in contravention of shari'a, that being that the two respondents were not related, nor was he related to the second respondent; and the second respondent was a divorcee and not engaged to another man. The applicant and second respondent were also expecting their first child, the second respondent being seven months pregnant. The applicant also maintained that he could meet his wives' daily needs, as well as those of their children, given his salary (IDR 2.5 million per month). Furthermore, the applicant maintained that he had been fair to both his wives, the relationship between the two respondents had not been problematic, the applicant had been able to demarcate what constituted the joint assets of he and the first respondent, and the first respondent's parents did not object to his marrying the second respondent.

As all parties had failed to attend court, however, the court dismissed the application, commenting that the parties were not treating the matter with any seriousness.

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