Court dissolves 3-year-old marriage over lack of care
The judge said that based on that authority, the sum of N100,000 for clothes, which Mohammed asked his estranged wife to return to him was, not claimable.
An Upper Area Court in Kubwa, Abuja, on Wednesday, dissolved a three-year-old marriage between a housewife, Hauwau Hamza and her husband, Yahaya Mohammed, over the latter’s lack of care and respect.
Supreme News reports that the Judge, Muhammad Wakili, dissolved the marriage in accordance with Islamic Law, following Hamza’s prayer for divorce on the said grounds.
Wakili also ordered Hamza to pay back Mohammed the N60,000 dowry he paid during the marriage, after which, he said, that a certificate of divorce would be issued.
He cited pages 93 and 94 of Tuhfatul Hukkam (an Islamic law book) which states that: “Whatever is given to a wife by her husband, such as clothes or jewelry, which are intended or in a nature of gifts, shall not be taken back from the wife; it is not refundable.
The judge said that based on that authority, the sum of N100,000 for clothes, which Mohammed asked his estranged wife to return to him was, not claimable.
He, however, ordered Hamza to observe “Iddah”, an observation period of three months after the judgment before contracting another marriage.
Earlier, Mohammed had told the court that he would grant his wife a divorce if she paid him N160,000, following her petition for divorce.
“If she wants a divorce, she has to get me another wife. I want my wife to pay me all I spent on her at our wedding.
“I paid N60,000 as dowry to marry my wife and spent N100,000 for her clothes. I insist that she must pay me back the total sum,” he said.
In response, the plaintiff said that if it was appropriate for her, in accordance with Islamic injunctions, to get a wife for her estranged husband before she could be granted the divorce, she would do so.
She, however, said that Mohammed did not spend up to N160,000 on her, adding that her dowry was only N60,000.
“I do not have N160,000 to give him, except if he also can pay me for the satisfaction I gave him during the marriage and the cooking I have done for him over the years,” the plaintiff said.
Mohammed, however, said if the plaintiff claimed that she had satisfied him, he had also catered to her feeding and welfare in the marriage.