Malang Religious Court Decision No. 400 of 2015: Revocable Divorce Granted

The parties were married on 23 May 2011. They had lived together in the respondent’s parents’ home for three years and four months. The parties had one child (aged 3). Initially, the marriage was harmonious, but by December 2012 it had become quarrelsome. The applicant alleged that the respondent’s parents often meddled in the parties' domestic affairs leading the respondent to often ask the applicant for divorce.

Problems escalated in September 2014. The applicant left the respondent and resided at his parents' home. The parties lived apart for six months, during which time the the applicant provided the respondent financial support, however, the parties did not communicate.

The applicant, pursuant to art 19(f) of Government Regulation No. 9 of 1975, filed for a revocable divorce (talak satu raj'i) on the grounds of ongoing conflict.

The court found that the purpose of marriage, as envisaged by art 1 of Law No. 1 of 1974 on Marriage, in conjunction with art 3 of the Compilation of Islamic Laws, being a happy and peaceful home life, was no longer feasible. Therefore, there were sufficient reasons, pursuant to art 70 of Law No. 7 of 1989, in conjunction with arts 19(f) and 22(2) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, to grant the applicant a revocable divorce (talak satu raj’i) on the grounds of ongoing conflict. The court ordered the applicant to pay court costs (IDR 391,000).

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