The applicant submitted that he and the respondent were married on 10 September 1992 and had three children. The parties' first child was born with a mental handicap. The respondent then gave birth to triplets but only two of the triplets survived. After giving birth to the triplets, the respondent was no longer able to conceive. Having had three sons, however, the applicant wished to have a daughter. After obtaining what the applicant submitted to the court was the respondent's consent in writing to his taking another wife, the applicant now sought the court's permission to do so.
The court dismissed the application, however, when the respondent submitted orally that she had never provided the aforementioned written consent. Accordingly, the court found that the applicant's request had failed to meet the necessary requirements contained in art 5(1) of Law No. 1 of 1974 on Marriage, and art 58(1) of the Compilation of Islamic Laws.