Mojokerto Religious Court Decision No. 215 of 2015: Revocable Divorce Granted

The parties were married on 2 June 2013 and lived together in the applicant’s parents’ home. They had no children. Initially, the marriage had been harmonious. By August 2014, however, the parties had begun to quarrel regularly, primarily because the respondent’s parents wanted the respondent to live in their own home and not at the applicants's parents' home. Problems escalated when the respondent left the applicant to live with her parents and the parties separated. The parties' differences were irreconcilable and the applicant requested that the court grant him permission to divorce the respondent (talak satu raj’i).

The court found that the marriage could no longer fulfil the purposes of marriage as envisaged by art 1 of Law No. 1 of 1974 on Marriage, and art 3 of the Compilation of Islamic Laws. Moreover, that the plaintiff’s reasons for the claim satisfied the requirements of art 39(2) of Law No. 1 of 1974, art 19(f) of Government Regulation No. 9 of 1975, art 116(f) of the Compilation of Islamic Laws, and art 70(1) of Law No. 7 of 1989 on the Religious Judiciary as amended by Law No. 3 of 2006 and Law No. 50 of 2009, and art 131(2) of the Compilation of Islamic Laws. The court, therefore, granted the applicant a revocable divorce (talak satu raj’i) and ordered the applicant to pay all court costs (IDR 516,000).

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