Mojokerto Religious Court Decision No. 2376 of 2014: Revocable Divorce Application Dismissed for Failure to Pay Initial Court Costs

The parties were married on 30 July 1994. The parties lived together and had three children (ages 19, 16 and 10). Initially, the marriage had been harmonious. In October 2012, however, the parties had begun to quarrel regularly. The applicant submitted that the respondent had been disobedient, selfish and inconsiderate to his needs. Problems escalated in 2013 when the respondent stopped sleeping in the parties’ bedroom without her husband’s approval. The parties ceased to share any physical intimacy and seldom communicated. The applicant submitted that the respondent had stated that she did not need the applicant and had requested a divorce. The parties’ differences became irreconcilable and the applicant requested the court's permission to divorce the respondent (talak satu raj’i).

Before the proceeding, the applicant had failed to make a court costs down payment (panjar biaya perkara), despite being sent a reminder from the court. The court dismissed the case and halted the proceeding in accordance with art 49(1) of Law No. 7 of 1989 on the Religious Judiciary as amended by Law No. 3 of 2006, in conjunction with Law No. 50 of 2009, and art 2(4) of Law No. 48 of 2009 on Judicial Authority, in conjunction with art 57(3) of Law No. 7 of 1989, and ordered the applicant to pay all court costs (IDR 841,000).

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