The parties were married on 22 July 2008. They lived in the plaintiff’s grandmother’s home for five years and had one child (aged 6). Initially, the marriage was harmonious. By 2012, however, they had begun to quarrel regularly. One of the main causes of dispute was which school their child should attend.
Problems escalated in February 2013, and the plaintiff left the defendant and the matrimonial home to live with her parents. The parties remained separated for two years during which time they communicated, but the defendant did not provide the plaintiff with any financial support. In 2015, the plaintiff sought a divorce on the grounds that the parties' differences were irreconcilable. Pre-trial mediation had also proved to be unsuccessful.
The court found that the purpose of marriage, as envisaged by art 1 of Law No. 1 of 1974 on Marriage, in conjunction with art 3 and art 77(1) and (2) of the Compilation of Islamic Laws, being a happy and harmonious home life, was no longer feasible. Therefore, there were sufficient reasons, pursuant to art 39(2) of Law No. 1 of 1974 on Marriage, in conjunction with art 19(f) and (b) of Government Regulation No. 9 of 1975, and art 116(f) and (b) of the Compilation of Islamic Laws, to grant the plaintiff an irrevocable divorce (talak satu ba'in sughra).