Pangkalan Kerinci Religious Court Decision No. 395 of 2015: Revocable Divorce Granted

The parties were married in 1994 and had three children (born 10 September 1995, 27 November 1998 and 17 April 2001). The parties’ marriage was never formally registered. In 2007, the parties separated and the applicant married another woman, whom the applicant divorced in 2011. On 18 October 2011, the parties married again, this time formally registering the marriage with the Office of Religious Affairs. The marriage deteriorated and, in May 2014, the respondent left the applicant and never returned. The parties stopped communicating and, on 15 December 2014, the applicant filed for a divorce.

The applicant submitted that during the marriage:

  1. despite the applicant providing the respondent with his entire monthly salary (IDR 2 million per month), the respondent always requested more money from the applicant;
  2. the respondent often left the house without asking the applicant or informing the applicant where she was going;
  3. the respondent prioritised herself over the applicant and their children, and failed to carry out her duties as a housewife; and
  4. the respondent often communicated with other men via telephone.

The applicant submitted to the court that the marriage was irreconcilable and requested permission to divorce the respondent.

Despite the respondent's absence from court, the court acceded to the applicant's request, finding that the parties could no longer fulfil the purpose of marriage, as envisaged by art 1 of Law No. 1 of 1974 on Marriage. Accordingly, the court, pursuant to art 39(2) of Law No. 1 of 1974, 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. The court also ordered the applicant to pay court costs (IDR 791,000).

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