Makassar Religious Court Decision No. 913 of 2011: Divorce Claim Withdrawn After Agreement

The applicant submitted that he and the respondent had been married for 39 years and one month, 38 years and seven months of which had been harmonious. Since January 2011, however, the parties had begun to quarrel regularly because:

  1. the respondent would always threaten the applicant with a kitchen knife;
  2. the respondent would often become jealous of the applicant's female employee for no apparent reason, causing the employee to no longer want to work for the applicant;
  3. the applicant felt distressed as a result of the respondent's attitude; and
  4. the respondent would often utter profanities that the applicant deemed inappropriate from a wife.

The respondent's behaviour had caused the applicant to leave the matrimonial home in January 2011, and the parties had remained separated for the six months prior to the proceeding. The parties had, however, remained in contact.

The applicant subsequently agreed to withdraw his claim after coming to an agreement with the respondent, the conditions of which were:

  1. the applicant would alter that of his behaviour which upset the respondent, such as favouring one employee over another;
  2. the applicant would no longer transport on his motorcycle his female employee of which the respondent was suspicious;
  3. the respondent would no longer threaten the applicant with sharp objects;
  4. the respondent would no longer behave in ways that upset the applicant; and
  5. both parties would abide by their statements.
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