Contemporary Primary Sources :: Court Cases :: 20 Dhū al-Ḥijja 1435 / 13 October 2014
Sukabumi Religious Court Decision No. 389 of 2014: Irrevocable Divorce Application Dismissed Due to Lack of Legal Basis
Pengadilan Agama Sukabumi, Posted by Daniel Peterson, 13 May 2015
The plaintiff submitted that, since November 2010, the parties' marriage had become disharmonious because:
- the parties quarrelled regularly because the defendant had failed to provide the plaintiff with sufficient financial support, and the defendant often stayed at his parents' home rather than the parties' home, and in the event of an argument, the defendant would often return to his parents' home for up to one month, after which the parties would then quarrel again;
- finally, in mid-August 2014, when the plaintiff had rejected the defendant's request that the plaintiff provide him with her work documents, payslip, identity card and family card as financial guarantee for his friend's car, the defendant had become angry and returned to his parents' home with his clothes in tow.
While the plaintiff requested that the court grant her an irrevocable divorce (talak satu ba'in sughra), the court dismissed her application on the grounds that her claim did not contain a legal reason for divorce, as required under art 39(2) of Law No. 1 of 1974 on Marriage.