Mohamedi s/o Salum v. Salehe Mtakata, (PC) Civ. App. 128-D-68, 30/9/68, Georges, C. J.

Mohamedi s/o Salum v. Salehe Mtakata, (PC) Civ. App. 128-D-68, 30/9/68, Georges, C. J.

The respondent, the husband, divorced his wife by pronouncing on talak. The wife went back to her parents, the appellants. Before the period of eda had expired, the respondent called at the appellants house with two witnesses, intending to exercise his right of recall. Neither the appellant nor the wife was home. He then left telling the witnesses that he had gone to recall his wife. Respondent relied on a certain section of the ‘Nikahi’ “It is not essential for recall for the wife to know of it or consent to it nor for her walli to do so.

            Held: This only means that the wife need not know or consent, nor need the walli consent. But some form of communication is necessary, not to the wife, but certainly to her walli. Since there was to communication the recall was not effective.