The applicant submitted that he and the respondent were married on 5 January 1991 and had two children. The respondent, however, subsequently suffered from a heart condition, shortness of breath and high blood pressure. Her health problems had prevented her from being physically intimate with the applicant, who had a heightened libido. The respondent had also consented to the applicant taking another wife to prevent him from committing adultery. …
In acceding to the applicant's request, the court acknowledged that the reasons and criteria for polygamy contained in arts 4 and 5 in Law No. 1 of 1974 on Marriage had been met. The court also cited verse 3 of Surah An-Nisa' from the Qur'an, which permits a man to take up to four wives.