Cirebon Religious Court Decision No. 13 of 2015: Irrevocable Divorce For a Fee Granted

The parties were married on 10 October 1998. They lived together and had two children (aged 14 and 8). Initially, the marriage had been harmonious. By November 2013, however, the defendant had left the plaintiff without providing her any further support. The parties ceased communication. The plaintiff claimed that the circumstances had caused the marriage to deteriorate irreparably, and requested the court grant her a divorce for a fee (talak satu khul’i).

The court found that the marriage was irreparable and could no longer fulfil the purposes of marriage as envisaged in art 1 of Law No. 1 of 1974 on Marriage, and that the plaintiff’s reasons for the claim satisfied the requirements of arts 34(3) and 39(2) of Law No. 1 of 1974, in conjunction with art 116(f) of the Compilation of Islamic Laws. The court granted the plaintiff a judicial divorce (talak satu khul’i) and ordered the plaintiff to pay divorce compensation to the defendant in the amount of IDR 10,000 (uang iwadl), and to pay all court costs (IDR 346,000).

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