Hussein Adam v. Asili Abdallah, (PC) Civ. 62-D-66, 30/1/68, Hamlyn J.

Hussein Adam v. Asili Abdallah, (PC) Civ. 62-D-66, 30/1/68, Hamlyn J.

Plaintiff had been lawfully divorced by defendant according to Islamic law but was assigned to a room in the defendant’s house as she was pregnant at the time of the divorce. The plaintiff later left the room and went to live with her parents, whereupon she brought this suit for the cost of maintenance during pregnancy. Defendant refused to pay because he had given her a room, which she chose to abandon without his permission.

            Held: According to the consensus of several authorities on Islamic Law consulted by the High Court, the rule is that during a woman’s period of legal retirement the husband has neither the right to remain with her, nor to enter the house where she is retiring except with her consent. In the instant case, the house which the defendant assigned her was not of the sort to which she was entitled, it being part of the house where he resided, and thus her leaving the room was justifiable. Defendant was ordered to pay maintenance to plaintiff for the period of her pregnancy.