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Alterina Hofan, who claims to have been born a man but with a sex chromosome disorder and is now facing charges he switched his gender on his identification documents, was granted conditional release by the South Jakarta District Court on Monday.

Judge Sudarwin said Alterina still needed to stand trial for changing his gender on ID documents. Should Alterina fail to attend the hearings, the court said it would review his release.

“The court has ordered the defendant’s release after having considered the request of his lawyer, the National Commission on Human Rights and character testimonials submitted by his mother, Catherine, and his wife, Jane Deviyanti,” Sudarwin said. “In addition, the court also recognizes the defendant’s role as the sole breadwinner for his family.

“But the prosecution’s case is legally sound, so the trial must proceed. The motion by the defense to drop the charges altogether has been dismissed.”

Sudarwin said the trial would resume with a cross-examination of witnesses and a review of the presented evidence.

Alterina, 33, is required to be present during the hearings, part of the court’s condition for his release, and failure to comply would result in a Rp 100 million ($11,000) fine against the petitioners who sought his release.

“Moreover, if the defendant disrupts any of the court proceedings, the order will be reviewed,” Sudarwin said.

Alterina’s release was applauded by his supporters in the gallery.

“I couldn’t stay in prison any longer,” a visibly relieved Alterina said. “I want to go home and spend time with my wife.”

Prosecutors have indicted Alterina, who was registered a female at birth, on charges that he switched his gender to male on his ID documents in 2006, a crime that carries a maximum seven-year prison sentence.

However, Alterina’s lawyers said their client suffered from Klinefelter syndrome, a condition in which the male genitalia develops only later, during adolescence, resulting in the confusion.

Jane’s parents, who had opposed the couple’s marriage in Las Vegas in 2008, reported Alterina to the police. Their earlier attempt to accuse him of abducting Jane failed after their daughter said she had gone with her husband willingly.

Prosecutors said a police DNA test proved Alterina was female.

However, Kores Tambunan, one of Alterina’s lawyer, said the prosecution ignored an independent gender test conducted by experts at Cipto Mangunkusumo General Hospital, which concluded Alterina was male.

Catherine said her son’s identity was never falsified. She added that because his male genitalia had not developed at birth, she had registered Alterina as a girl.