Muslim Woman Divorces Abusive Spouse, Ordered To Return Sh50,000 Dowry

A Muslim woman has divorced her husband of less than a year after he sought the Kadhi’s court help to bring her back home.

The woman only identified as MN, was dragged to court by her now ex husband who told the court that she had declined to observe Islamic principles of dressing and daily prayers.

But the woman noted that the complainant had physically assaulted her during their very short marriage.

“In 2017, when I was expectant, the petitioner assaulted me. I reported this to his father, but he did not take any action. Later that day, the petitioner forced me to take some drugs so as to abort.

Because of the above reasons, I pray for judgment against the petitioner for divorce, custody of the child and its maintenance for three months and release of my documents which are in his custody,” she said.

Though her prayers were granted, the respondent was ordered to return her dowry.

“On this basis, I thereby order that this marriage is dissolved on condition that the respondent should pay back two cows and Sh50,000 within 30 days and 40 days respectively from the date of judgment,” Garsen Kadhi Mursal Mohamed said as he dissolved the marriage.

She was further ordered to wait 30 days to get married to another man.

For her child’s maintenance, the man was ordered to pay Sh1,000 per month.

This she argued was too little when she filed an application at the High Court.

“The kadhi gravely erred in law and fact by ordering the appellant to pay back two cows, yet the marriage had been consummated,” she said in her appeal.

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