Chief Kadhi Abdulhalim Athman stops man from evicting estranged wife

Chief Kadhi has issued an order stopping a man from evicting his estranged wife from their matrimonial home or taking anything from it, pending the hearing and conclusion of a case involving a property dispute between the couple.

Chief Kadhi Abdulhalim Athman said the woman, identified as MAM, will suffer irreparable damage if she is evicted from the matrimonial home and her household items are taken away.

"MAM has nowhere else to go and her right to dignity, housing and accommodation will be prejudiced," he said.

At the same time, Chief Kadhi has temporarily delegated the management of the property to an estate agent while a dispute between the couple over its ownership is resolved.

The agent will be selected by the couple's lawyers and approved by the High Court before taking charge of the property, which includes rental houses, and collecting rent.

Rental houses

"The rent proceeds will be distributed as follows while this matter is pending: 35 per cent to the woman and 65 per cent to the man," said Chief Kadhi Athman.

However, Chief Kadhi ruled that the man, identified as the COR, had contributed significantly to the construction and development of the rental houses.

"He will thus suffer more damages than the MAM if the orders sought are granted as prayed," he said.

Since both parties would incur losses in the event of an unfavourable ruling, Sheikh Athman ordered that the rent be collected and distributed according to the contribution ratio until the dispute was resolved.

Last year, the woman went to court to seek injunctions against the man, his family members or representatives to prevent them from entering, building, trespassing or interfering with her matrimonial home, property and property rights.

She complained that the COR had threatened to evict tenants from rental houses and to collect all household items from the matrimonial home.

The man, however, opposed the application and requested that it be dismissed.

Court records show that the parties were married more than 10 years ago under Islamic law.

Matrimonial home

They initially lived together in rented houses owned by the woman's mother, before jointly purchasing a plot of land on her mother's land and building three-bedroom houses. The man worked abroad to earn an income and often visited his wife in Kenya.

Sometime in 2011, they bought an additional plot of land next to their matrimonial home and built rental houses on it.

Following the completion of this project, ownership and management became a point of contention between the couple.

The court noted that there was no dispute that the parties were still legally married under Islamic law, that the matrimonial home was purchased jointly, and that the rental houses were built during the marriage on land originally owned by the woman's relatives.

"However, the court has the right and authority to declare the rights of the parties to the disputed matrimonial property," Sheikh Athman said.

The Chief Kadhi, however, noted that the division of matrimonial property begins upon the dissolution of the marriage.

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