The parties were married on 9 December 2004 and had lived with the plaintiff's parents. The plaintiff submitted that, since 2008, the parties' marriage had become quarrelsome because the defendant's unwillingness to gain employment meant they could not meet their domestic needs. The defendant then left the plaintiff to live with his own parents, and for the seven years they were separated, they were never physically intimate with one another. 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.