A 61-year-old man from Mbambarate, Isiolo County has been ordered by a Kadhi’s Court to grant his wife divorce.
The man only identified as AHA by the court has also been ordered to pay bride price for his wife identified as SMH in the presence of the area chief.
The court heard that the two have been married for 21 years and the man has 11 children with his wife.
Principal Kadhi Abdulrahman Athman in his ruling ordered AHA to pay two cows since he had not paid bride price since 1991 when the two were married.
Kadhi Athman said according to Islamic law, bride price is an inherent and basic right to the wife.
“You believers are of one another. So marry them with the permission of their people and give them their due compensation according to what is acceptable,” he said as quoted by standardmedia.co.ke.
The woman told the court that she had endured unexplained insults and at one point elders intervened to save the marriage.
She, however, said she was arrested by the police after AHA reported her to the police that she knew about a murder victim which was not true.
SMH moved back to her parent’s home and filed for divorce which AHA refused to grant her.
In her court papers, SMH said the two have been separated for three years and that AHA does not take care of their children.
AHA, who said he is not a Muslim, told the court that the elders wanted to break their marriage adding that SMH has denied him conjugal rights.
Principal Kadhi Athman in his ruling said women’s rights should be protected and granted SMH custody of two of their youngest children.
The court also ordered AHA to pay school fees for the two children and provide upkeep and he will also get reasonable access.
#bizarre