The parties were married on 1 September 2005 and had two children. The plaintiff submitted that, since May 2008, the parties' marriage had become quarrelsome because the defendant had had an extra-marital affair, and was often intoxicated. When problems escalated not long after, the defendant left the matrimonial home and the parties remained separated for the next seven years. The plaintiff submitted that the defendant's attitude and behaviour had caused her extended suffering, that she had endeavoured to rectify the situation with the defendant, but that she now felt divorce to be the only feasible option available.
The court conceded that the purpose of marriage, as envisaged in Surat Ar-Rum verse 21, art 1 of Law No. 1 of 1974 on Marriage, and art 3 of the Compilation of Islamic Laws, being a peaceful, hopeful and loving (sakinah, mawaddah dan rahmah) household, was no longer feasible. Accordingly, pursuant to art 39(2) of Law No. 1 of 1974 on Marriage, art 19(f) of Government Regulation No. 9 of 1975, art 116(f) of the Compilation of Islamic Laws, and Kitab Fiqih Sunnah Juz II, the court granted the applicant an irrevocable divorce (talak satu ba'in sughra) on the grounds of ongoing conflict. The court also cited Kitab Al-Anwar Juz II in support of its granting a divorce in the absence of the defendant, who had failed to attend court, despite having been formally summonsed.