Petition for judicial separation.

IN THE RESIDENT MAGISTRATE’S COURT OF DAR ES SALAAM

AT KISUTU

MATRIMONIAL CAUSE  NO. …. OF 2006

SADIQ AHMED WALJI  ……..……………………………….…… PETITIONER

VERSUS

 

SAEEDA HASSAM  (alias SAEEDA SADIQ

WALJI) …………………. …………………….……………... …..RESPONDENT

             PETITION FOR JUDICIAL SEPARATION

The Humble Petition of Your Petitioner SHOWETHS  as hereunder:-

1.     That Your Petitioner is a resident of Dar Es Salaam and his proper address for service for the purposes of this suit is in the care of:-

M. R. M. LAMWAI & CO.,

ADVOCATES,

CORONATION BUILDING,

AZIKIWE STREET,

P.O. BOX 3929,

DAR ES SALAAM.

2.      That Your Respondent is a resident of Dar Es Salaam, and her proper address for service for the purposes of this Petition will be pointed out to the court process server by the Petitioner.

3.      That Your Petitioner and Your Respondent are husband and wife respectively, having celebrated a marriage according to Muslim rites  and having cohabited in divers places in Dar Es Salaam, the most recent place being at  3^rd Floor, Plot No. 85/95 and 325/94, Mosque and Mshihiri Streets, Dar Es salaam.

4.      That the said union has been blessed with one issue, namely:-

(a)   Salina Sadiq Walji, a daughter, aged eighteen months.

5.      That your Petitioner’s claim against the Respondent for a decree of judicial separation.

6.      That Your Respondent has been guilty of divers matrimonial offences, and in particular:-

(a)   Constant nagging based on Your Respondent’s parent’s wealth;

(b)   Allowing her parents and relatives to interfere with their marriage; and

(c)   That Your Respondent has been in the habit of deserting the matrimonial home and going to live with her parents without the Petitioner’s consent and in fact is presently living with her parents after having deserted the matrimonial home.

7.      That in consequence of the said matrimonial offences, the marriage between Your Petitioner and Your Respondent has been extremely insecure and uncomfortable on the part of Your Petitioner, and Your Petitioner is now unable to conduct his business and life in peace.

8.      That this Petition has not been brought with the Petitioner’s collusion, and Your Petitioner has not condoned the matrimonial offences.

9.      That Your Respondent has deserted and taken the issue of the union with her and initially has been allowing the Petitioner to take her on alternate days, but of late the Respondent’s father has caused the Respondent not to give access of the said issue to the Petitioner.

10. That the Respondent lives in Dar Es Salaam and thus the Honourable Court has jurisdiction.

WHEREFORE, the Petitioner prays for judgment and decree as follows:-

(a)   A decree for judicial separation;

(b)  Custody of the infant issue of the marriage remain with the Respondent but the Petitioner be given access and custody of the said infant on weekends from Friday evening to Monday Morning every week;

(c)   Your Respondent pay the costs of any incidental to the  Petition;

(d)  Any other relief(s) that the Honourable Court may deem fit.

DATED AT DAR ES SALAAM this 1^st   day of November, 2006

                                                                                                            ……………..

                                                                                                            PETITIONER

                                                VERIFICATION

I, SADIQ AHMED WALJI, being the Petitioner herein, do hereby states that all what is stated above from para. 1 to para. 10 is true to the best of my own knowledge.

DATED AT DAR ES SALAAM this 1^st    day of November, 2006.

                                                                        …………………………..

                                                                         SADIQ AHMED WALJI

Presented for filing this … day of November, 2006.

                                                                                    ……………………….

                                                                                    REGISTRY OFFICER

DRAWN AND FILED BY:-

M. R. M. LAMWAI & CO.,

ADVOCATES,

CORONATION BUILDING,

AZIKIWE STREET,

P.O. BOX 3929,

DAR ES SALAAM.

COPY TO BE SERVED UPON:-

THE RESPONDENT,

DAR ES SALAAM.