Assi v. Yusufu (P.C.) Civ. App., 37-DDM-71; 4/5/72; Kwikima, Ag. J.

 

Assi v. Yusufu (P.C.) Civ. App., 37-DDM-71; 4/5/72; Kwikima, Ag. J.

The appellant Zainabu Assi petitioned her husband for divorce. They were a Muslim couple. The Primary Court applying Muslim Law found the husband guilty of constructive desertion and cruelty. The respondent husband was accordingly ordered to pronounce talak and divorce his wife. The wife still appealed to the District Court which again confirmed that the husband should divorce his wife by talak. The District Magistrate in an obiter added that if the husband should wish to claim refund of bridewealth it was open to him to institute another suit. The appellant still appealed to the High Court which held:-

            Held: (1) “The court order compelling the respondent to pronounce the talak on the appellant was incompetent and illegal. It is hereby declared null and set aside.” (2) “The trial court should have inquired into the alleged matrimonial offence and thereafter dissolved the marriage by TASHKI if it satisfied itself what the offence was proved.” (3) “The is not order against which the appellant is appealing since her desire to get a talak was endorsed by the two courts. The appeal was therefore incompetent and it is hereby dismissed with no order as to cost.”