Judiciary

Housewife seeks dissolution of 4 year old “loveless” marriage

Supreme Desk
15 Aug 2023 9:21 PM IST
Housewife seeks dissolution of 4 year old “loveless” marriage
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“I started having issues with my husband shortly after we got married due to our incompatibility. We have been living apart since September 2022, ” Madauci said.

A housewife, Suwaiba Madauci, on Tuesday, approached a Grade I Area Court, Kubwa seeking the dissolution of her four-year-old marriage to estranged husband, Abdullahi Makarfi on grounds of “lack of love and care”.

Madauci said that she married Makarfi in 2020 according to Islamic Personal Law.

The mother of one, accused Makarfi of failing to provide for her.

She also said he nags.

“I started having issues with my husband shortly after we got married due to our incompatibility. We have been living apart since September 2022, ” Madauci said.

She urged the court to dissolve the marriage on the said grounds and by way of “Khuli “.

The News Agency of Nigeria (NAN) reports that Khuli is a procedure through which a woman can seek divorce from her husband in Islam, by returning the dowry and everything she received from him during their life together, or without returning anything, as agreed by the spouses or judge.

Earlier, the petitioner’s lawyer, Abu Suphian, informed the court that the respondent had been served with the court’s summons and was aware of the hearing date.

“The respondent said that he cannot force him to court,” Suphian told the court.

He. however, cited Order 9 rule 1 of the Area Court Civil Procedure Rules which states that the court can go ahead with a matter in the respondent’s absence.

“The plaintiff is ready to pay back the dowry of N100,000 paid while the marriage was contracted,” Suphian said.

He said that Khuli was sourced from verse 229 of the Quran adding that “it states that if you fear that you cannot observe the limits prescribed by Allah, then it shall not be a sin for any of them in what she offers to get freedom.”

The judge, Ibrahim Rufai, however adjourned the matter until Aug.21 for final address.

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