Likarambito v. Namanacho (PC) Civ. 62-D-70; 12/9/70; Saudi, J.

Likarambito v. Namanacho (PC) Civ. 62-D-70; 12/9/70; Saudi, J.

The respondent claimed her marriage to be declared “faskh” on the grounds of neglect and lack of maintenance. She alleged that the appellant, her husband, with whom she had lived for some years and had four children failed to build a house for her and to provide clothes and food for her and her children. The primary court declared the marriage “faskh”. The District Court affirmed and the husband appealed on the basis that there was no ground for dissolving the marriage since he had left his wife to come to Dar es Salaam to look for a job in order to raise money for the maintenance of the family. He was then involved in a motor accident disabling him for a long time so that he could not work.

            Held: (1) “The facts clearly show that the husband had neglected his wife for a long time before he left the village for Dar es Salaam. Complaints were lodged with the cell-leader, jumbe and TANU Chairman and he was found “guilty” and fined. It does appear that he had in fact deserted his wife and made her live in very difficult conditions with the children.” The Primary Court gave him over a year’s time to make up his mind and make provision for the maintenance of his wife but he did not care. I cannot understand how he is going to keep a family in such a manner. If he wants a wife and children he had the obligation of providing for their maintenance and must also provide a house for them.  (2) “In paragraph 143 of NIKAHI by Sheikh Ali Hemedi El-Buhry it is stated …… “If the husband’s where about are not known or his credit at home is insufficient or if to send to the place where he is and receive a reply will take a very long time, and the Kadhi thinks it better to make the marriage faskh, in view of the condition of the woman and her state of want because of lack of maintenance, and if there is no property of the husband, he shall make the marriage faskh”. (3) In paragraph 145 of the same book it is stated ….. “If the Kadhi finds that the husband is quite unable, he shall give him three days, required by Sharia, even that is, if the husband does not ask for this period. The reason for this period is to make quite certain that the husband is unable. On the fourth day the marriage will be made faskh in the morning that is at daylight on the fourth day the wife is authorized and empowered to make the marriage faskh, if the husband has not provided food on the fourth day. If he does provide food on that day, the marriage will not be made faskh, and the husband will owe for the three days. If when the three days are given two days pass but on the third the husband provides food for that day, and fails on the fourth day, the marriage is made faskh on the fifth.” (4) “It does therefore appear that a wife may apply the court for the marriage to be declared “faskh” I she is not provided with food for 3 days and if this continues her prayer will be granted on the fourth day. In the present case the wife was totally neglected for over a year and he marriage with the appellant was eventually declared faskh.”(5) “The appellant was away in dare s salaam for over a year. He could not have met the respondent so that he had no claim to the child born after the marriage was declared “faskh”. (6) Appeal dismissed.