Makassar Religious Court Decision No. 996 of 2010: Revocable Divorce Granted

The parties were married on 23 December 2007, after which they lived with the respondent's parents for approximately three years. The marriage had been harmonious for the first three months and the parties had their first and only child on 4 March 2008. Since September 2009, however, the parties had begun to quarrel regularly. The applicant submitted that this was due to the respondent:

  1. never valuing the applicant as head of the household;
  2. not being grateful for what the parties had, including the applicant's salary, which was not stable;
  3. becoming jealous if the applicant were to return home late; and
  4. when angry, often uttering obscenities that the applicant deeemed inappropriate.

As a result, the applicant left the matrimonial home on 23 September 2009, and had been living with his parents for the 11 months leading up to the proceeding. During those 11 months, the parties had not communicated, and the applicant claimed 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, was no longer feasible. The applicant felt that his claim met the requirements of art 19 of Government Regulation No. 9 of 1975, and art 116 of the Compilation of Islamic Laws, for grounds for divorce.

In a written response, the respondent submitted that she also no longer wished to remain married to the applicant. Moreover, that she had told the applicant to leave her parents' home, that she had been working to support their child, that she did not feel that the applicant valued her as his wife, and that the applicant's temperament meant that she did not respect him as the head of their family.

The court, pursuant to art 19(f) of Government Regulation No. 9 of 1975, in conjunction with art 116(f) of the Compilation of Islamic Laws, granted the applicant a revocable divorce (talak satu raj'i) on the grounds that the marriage was no longer tenable due to ongoing conflict.

FirstPreviousPage 1 of of 10NextLast