Court Grants Woman Divorce, But Must Pay Back Dowry

wife divorce man ordered to pay dowry

Marriages turning into divorces can be as disappointing and as depressing as they come. One man in Garissa sought the help of a court to convince his wife to get back to their marital home, but this got twisted and ugly pretty fast.

The two had disagreed over the woman’s dressing, which according to the man was against Islamic principles together with her failure to observe daily prayers. “I want her to return home so I need the court to assist me,” the man said in court papers. But she denied the accusation telling the court that his husband had threatened to kill her and regularly assaulted her.

Barely a year after her marriage, she walked out of her dysfunctioning matrimonial home and requested the court for a divorce and child custody and maintenance, following her husband’s petition to the court.

“In 2017, when I was expectant, the petitioner assaulted me. I reported this to his father, but he did not take any action. Later that day, the petitioner forced me to take some drugs so as to abort. Because of the above reasons, I pray for judgment against the petitioner for divorce, custody of the child and its maintenance for three months and release of my documents which are in his custody,” she said.

The court dissolved the marriage and ordered the woman, to return two cows, Ksh 50,000 and money spent during their wedding. It also directed the woman to wait for one month from the date of judgment to marry another man, as it is in the Islamic law, this is the period a woman must observe after the death of her husband or after a divorce before she takes a new spouse.

“I found that the respondent is willing to forfeit her dowry in order to secure divorce which is allowed in Islamic sharia. On this basis, I hereby order that this marriage is dissolved on condition that the respondent should pay back two cows and Sh50,000 within 30 days and 40 days respectively from the date of judgment,” the Kadhi said.

But the woman faulted the Kadhi for granting special damages to the man and that the court was not fair ordering the appellant to pay back two cows, yet the marriage had been consummated.

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