By Mbarak Abucheri:
A man in Mombasa is now excited after a Kadhi’s court ruled in his favour in a case where he sued his wife for causing him suffering due to absence of love and conjugal rights.
The court has also forbidden the couple from sharing bed together for some time, until it can be ascertained she had not conceived in the second married, which the court dissolved.
The landmark proceedings before Mombasa Principal Kadhi had attracted immense attention among local Muslims and non-Muslims who were eager to know the outcome.
Salim Twota Mutwiwa’s wife was on Monday, November 16, given one week to return to their matrimonial home which she abandoned in April after 12 years in marriage.
The lady, Rehema Dzuya, had left Twota and married another man prompting Twota to seek court intervention as he still loved her.
Mombasa Principal Kadhi Abdulhalim Athman consequently annulled the second marriage noting that Rehema did not have valid reasons under Islamic law to justify her decision. Athman also added that polyandry, being with two husbands, is illegal under sharia law.
He further ruled if she wished to leave her estranged husband, she can only do so after following due process including demonstrating that there are irreconcilable grounds.
Kadhi Abdulhalim observed in his ruling that although “two human beings cannot be forced to live together’ ‘it would also be unfair to force a man to divorce a woman he still loves even after accusing her of sexual infidelity.
Besides, the Kadhi said divorce cannot be granted outside the law for ”the defendant (Rehema) is legally the wife of the plaintiff”.
”She ought to return to the matrimonial home and the plaintiff shall provide for her accommodation, sustenance and healthcare,” the Kadhi ruled.
Rehema defended her decision to get married to her second husband, Rashid Karisa, saying that Twota had subjected her to suffering but refused to divorce her.
“It is true that we were married under the Islamic laws but due to reasons best known to Twota, he unreasonably started habits of abandoning me… He stayed away from me for about six consecutive years unfairly and only made technical appearances whenever he felt like,” reads Rehema’s affidavit presented in court.
Rehema also accused Twota of developing interest in her only after he heard that Karisa had proposed to her. She said he even demanded KSh150,000 from her.
She wants the court to review the judgment and has at the same time filed for a divorce to end their childless union.
”The notice of motion application filed herewith is extremely urgent on its nature. And I therefore request the same to be immediately and expeditiously heard on the extreme reasons that the plaintiff has already obtained judgement,” said Rehema.
Rehema says she is ready to relinquish both the dowry and Edda rights if the court will allow her to divorce the first husband because she had found it impossible to live with him.