Petitioner’s reply to the answer to the petition for the dissolution of marriage

IN THE RESIDENT MAGISTRATE’S COURT OF DAR ES SALAAM

AT KISUTU

MATRIMONIAL CAUSE  NO. 16 OF 2006

 

SHAKIRA MINAZ MOHAMED SULEIMAN  ……..…………… PETITIONER

VERSUS

MINAZ MOHAMED ABDULREHAMAN SULEIMAN…………... …..RESPONDENT

PETITIONER’S REPLY TO THE ANSWER TO THE PETITION FOR THE DISSOLUTION OF MARRIAGE

The Humble Petition of Your Petitioner SHOWETHS  as hereunder:-

1.      That as to the Preliminary Objection, I state that after the Respondent has conceded in his para 2 to the effect that the Petitioner resides in Mombasa, which is a foreign country, and qualifies from the requirement of reference to the Conciliation Board under section 103(f) of the Law of Marriage Act. The Petitioner will assert that the fact that she is resident in a foreign land makes reference to the conciliation Board impracticable.

2.      That your Petitioner joins issue with Your Respondent on all what is stated in paras. 3 and 4 of the Answer. Your Petitioner states that she has been under the total control of Your respondent and has never been allowed to make friends of her choice, and in particular:-

(i)                That as to para. (i) of the para. 4 to the Answer, Your Petitioner has been forced to be locked up at home and act as a typical housewife without any power of decision. The gymnasium was a way by the Respondent of exerting this control by making sure that she was kept under the watchful eyes of people whom he could monitor.

(ii)              That Your Petitioner states that she rarely takes her dinner with the Respondent let alone going out with him and friends.

(iii)           That Your Petitioner went to Nairobi only twice and it was necessary for treatment and not otherwise.

(iv)            That para. (iv) of para. 4(a) to the Answer is denied and in addition, Your Petitioner repeats what has been stated in (ii) herein above.

(v)              That para. 4(a)(v) is admitted to the extent of doing the computer course but it makes no point if she cannot be employed. The Petitioner submits that the Respondent has refused the Petitioner to be employed and thus limiting her chances of making true friend, and in the computer course, she could not have made friends with such a limited time.

(vi)            That para. 4(b) is denied and the Petitioner states that the Respondent comes home to change and goes away on his errands on the pretext that he is playing volleyball or is having meetings which is not true, and comes back home in the early morning hours.

3.      That Your Petitioner joins issue with Your Respondent on all what is stated in paras. 5, 6, 7 and 8  of the Answer to the Petition.

4.      That save as herein above specifically admitted, each and every allegation of fact contained in the Answer to the Petition is denied as if the same were set forth seriatim and specifically traversed..

WHEREFORE, the Petitioner repeats her prayers as made in the Petition.

DATED AT DAR ES SALAAM this 22^nd    day of July, 2006

                                                                                                            ……………..

                                                                                                            PETITIONER

 

                                                VERIFICATION

I, SHAKIRA MINAZ MOHAMED SULEIMAN, being the Petitioner herein, do hereby states that all what is stated above from para. 1 to para. 4 is true to the best of my own knowledge.

DATED AT DAR ES SALAAM this 22^nd     day of July, 2006.

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

                                                 SHAKIRA MINAZ MOHAMED SULEIMAN

Presented for filing this … day of July, 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:-

MUGANDA, KAMUGUSHA AND BWANA,

ADVOCATES,

2^ND FLOOR AMI BUILDING,

SAMORA AVENUE/MKWEPU STREET,

P.O. BOX 3740,

DAR ES SALAAM.