Pontianak Religious Court Decision No. 268 of 2015: Irrevocable Divorce Granted

The parties were married on 8 July 2011 and had their only child on 6 July 2012. They lived together at the plaintiff’s parents' home. Initially, their marriage had been harmonious. After one year, however, the parties had begun to quarrel regularly. The plaintiff submitted that the disharmony was due to the defendant:

  1. being excessively jealous;
  2. failing to exercise his obligations as head of the household; and
  3. making references to divorce.

The parties ceased living together on 2 December 2014. The plaintiff claimed that these circumstances caused the marriage to deteriorate irreparably, and requested that the court grant her a divorce (talak satu bain shughra). The plaintiff also requested that the court grant her custody of the parties' child, and order the defendant to pay, in addition to costs for clothing and education of the child, child support in the amount of IDR 1,000,000 per month until the child becomes of age.

The court found that the parties could no longer fulfil the purposes of marriage, as stipulated in art 1 of Law No. 1 of 1974, and art 3 of the Compilation of Islamic Laws. Therefore, the court, pursuant to art 39(2) of Law No. 1 of 1974, in conjunction with art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, granted the plaintiff an irrevocable divorce (talak satu ba'in shughra) on the grounds of ongoing conflict between the parties. The court did not consider the plaintiff’s claims for custody or child support, however, as the plaintiff had withdrawn them prior to trial. The court ordered the plaintiff to pay all court costs (IDR 566,000).

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