In 2011, after 23 years of marriage, the parties' relationship had begun to deteriorate. The plaintiff submitted that the defendant had married another woman with whom he had a child (son). For two years the plaintiff and defendant had lived separately and had not been physically intimate with one another.
The defendant denied the plaintiff's submissions, stating that the plaintiff had often accused him of marrying another woman, and that her accusations were generally based on hearsay. Moreover, the defendant submitted that he had often tried to initiate physical intimacy with the plaintiff, only to be rejected.
After unsuccessfully counselling the parties to reconcile, the court noted that the defendant had acknowledged the deterioration of the relationship, but not the causes thereof. While the defendant did not want a divorce, the plaintiff's submissions, supported by witness statements that the parties had already tried to reconcile, moved the court to grant the plaintiff an irrevocable divorce. The court was satisfied that the plaintiff had met the evidentiary requirements contained in art 39(2) of Law No. 1 of 1974, and acceded to the plaintiff's request for an irrevocable divorce (talak satu ba'in shughra) on the grounds of ongoing conflict, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws.