The parties were married on 22 May 1999 and had four children. For the first seven years of their marriage the parties lived in Sinabang, before the plaintiff returned to her parents' home in Kuala Makmur in November 2007. By May 2005, the marriage had become quarrelsome after the defendant had an extra-marital affair. Problems escalated on 14 November 2007 when the plaintiff learned that the defendant had married another woman. The plaintiff submitted that she had returned to her parents' home after the defendant married this other woman because he had no longer shown any care or regard for her and their children. Moreover, for the past eight years the defendant had failed to provide the plaintiff with any financial or emotional support. Accordingly, she requested that the court grant her an irrevocable divorce (talak satu bain sughra) and, owing to her own impecuniosity, waive any court fees.
The court, pursuant to art 19(b) and (f) of Government Regulation No. 9 of 1975, and art 116(b) and (f) of the Compilation of Islamic Laws, acceded to the plaintiff's request on the grounds of the parties having been apart for two years or more and ongoing conflict respectively. It also determined that the court fee would be borne by the state.