Woman seeking to divorce Pakistani spouse demands Sh700,000 dowry balance
The woman wants the marriage dissolved, blaming her husband for infidelity and neglect.
What you need to know:
- She also told the court that all efforts by relatives to settle their matrimonial differences have failed.
- The petitioner wants the marriage to the respondent to be dissolved and a decree nisi to be granted.
A woman has filed a petition at the Kadhi's court in Nairobi seeking to dissolve her marriage to a Pakistani businessman and wants him ordered to pay a dowry balance of Sh700,000 upon dissolution of the marriage.
The couple got married under Islamic law in 2021 but have not had any children.
The woman wants the marriage dissolved, blaming her husband for infidelity and neglect.
In court documents, she said since solemnisation of their marriage, her husband has deserted, neglected and failed to provide for her.
“He has kept me in my co-wife’s house. He has neglected me hence denying me my matrimonial rights,” she said.
The woman has also accused her husband of subscribing to the Shia sect which she alleges contradicts her belief as a Sunni Muslim.
“He is disrespectful to me. He brought a prostitute to our matrimonial house. He also hurls obscene insults at me calling me a prostitute,” the woman said in the court documents.
She also told the court that all efforts by their relatives to settle their matrimonial differences have borne no fruits.
“Due to irrevocable differences, the marriage to the respondent has irretrievably broken down. This petition is not prosecuted in collusion or connivance with the respondent, or with any other person connected in any way with the proceedings,” she said.
The petitioner wants the marriage to the respondent to be dissolved and a decree nisi to be granted.
A decree nisi is a provisional order issued by the court when a person has satisfied all of the legal and procedural conditions for divorce and the grounds for divorce are established.
The temporary order gives anyone time to present reasons why the marriage should not be dissolved with finality.
The woman also wants payment of outstanding maintenance and orders to release her personal effects. Her husband is yet to respond to the petition.
Should he choose not to respond or agree to the petition, the Islamic court will proceed and dissolve the marriage.
The respondent has been given 15 days to file a Memorandum of appearance and either a notice of admission, should he admit the claim or a reply, should he wish to oppose the claim or the petition.
