Hamea s/o Mohamed v. Omari s/o Abdullah, P. Cv. App. 227-D-65; 7/3/67; Biron, Ag. C. J.

Hamea s/o Mohamed v. Omari s/o Abdullah, P. Cv. App. 227-D-65; 7/3/67; Biron, Ag. C. J.

A husband obtained an order from a Primary Court requiring appellants to permit their daughter, his wife to return to him. It appeared that he had told her that if she visited his sick relative at a hospital on a certain morning, rather than on the previous evening as he wished, they would be divorced. It was not clear whether he had said, “I will divorce you” or “If you go you are divorced.” The High Court ”s language suggests, but does not state explicitly, that the wife may have wished to return to her husband, and that it was her parents’ objections which necessitated a lawsuit.

            Held: (1) A marriage is deemed valid and subsisting until its dissolution is proved. (2) Under Muslim Law, the formula for verbal divorce is precise; “I will divorce you” is a mere threat; “If you go you are divorced” is a phrase resulting in divorce upon the realization of the stated condition. Appeal dismissed; Judgment allowing the wife to return to her husband upheld.