Khamis bin Mohamed Hassan v. Mwana Alama binti Haji Juma Mtumbatu, Civ. App. 3-Z-65, 15/8/65, Saidi Ag. C. J.
Plaintiff sued to divorce her husband on grounds that he had a habit of pilfering other people’s deposits entrusted with her, and on the grounds that he could not maintain her. Defendant agreed with some claims and denied others. The Kadhi noted these facts briefly and said that divorce would be granted, saying, “When it is known for certain that wife and husband cannot live together peacefully, the sheria will ask the wife to pay back the dowry to get a divorce, for it is very dangerous if they remain together they may harm each other.” (Citing Subulu el Islam, Vo. 111, p. 134; Naibu el Awter, Vol. X11, p. 37; and Fathi el Allam, Vo,. 11, p. 135.) Divorce was granted conditional on payment by the wife of Shs. 100/- dowry, and the husband appealed
Held: The Kadhi did not satisfactorily resolve the matter, as framed by the parties. It is improper to base the decree merely on the fact that they have serious disputes. Re-hearing ordered before a different Kadhi.
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