Makassar Religious Court Decision No. 969 of 2011: Revocable Divorce Due To Ongoing Conflict

The parties married on 18 December 2002 and had one child. Initially, their marriage was harmonious, however, the applicant claimed that the respondent's temperamental nature was the primary reason the parties had begun to quarrel regularly from 1 January 2011. The applicant maintained that the respondent would become angry over the smallest of issues, the cause of which the applicant was often unaware. The applicant also claimed that the respondent had verbally insulted his father in front of the village head.

The respondent was allegedly excessively jealous of the applicant and suspected the applicant was having an extra-marital affair. She had also made the applicant feel that whatever he provided his family (the respondent and their child) was inadequate. The parties' quarrelling caused the applicant to leave the matrimonial home, the applicant believing the marriage to be beyond repair given the lack of respect the respondent had shown him.

Despite having been summonsed formally, the respondent failed to attend the proceeding. Regardless, the court, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, granted the applicant a revocable divorce (talak satu raj'i) on the grounds of ongoing conflict.

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