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Court strikes out divorce case

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…I bled to the extent that my pregnancy got spoilt, says plantiff

 

Hon. Bashir Danmaisule of the Upper Area Court, Kubwa, Wednesday struck out a divorce case between Maryam Idris and Ahmed Tajudeen.

Maryam Idris filed a case against her husband, Ahmed Tajudeen seeking for divorce.

Idris said she is seeking for divorce on the ground that Tajudeen lacks respect for her parents, accusation of theft and lack of maintenance.

The plantiff elaborated that the defendant does not take care of her even if she is very sick. She cited an occassion where she almost bled to death, losing her pregnancy, even at that she said Tajudeen refused taken her to the hospital.

She submitted that what brought her to court is the fact that ” finally, after giving birth, I went to my parents house. My husband did not bring me food, water for bathing and firewood. I also travelled to my village afterwards for three months, he did not bother to check up on me.

“I later returned back to my parents’ house and he came looking for me to return home.

Concerning theft, she said “whenever I tell him that there is no food, he will promise to bring food but later, he will accuse me of hiding the food and taking it to my parents. He also said I stole his #500.”

Tajudeen denied all the liabilities and rejected all her claims and asked her to tender her witness(es).

Idris brought her two witnesses. They gave their evidences and supported the claims of the plaintiff but the defendant (Tajudeen) objected their testimonies on the ground that both witnesses are the biological parents of the plantiff and the plantiff affirmed that.
In his ruling, the presiding judge said having gone through what transpired in the proceedings the plaintiff failed to meet the required standard, he therefore strucked out the case.
In stricking out the case, Hon. Danmaisule reasoned that since the two witnesses presented were her biological parents, which is contrary to the Islamic law, her case can not stand.

He said, “It is true that each claim must be proven by two sound witnesses in case of denial of liability. Therefore, the two witnesses that were submitted by the plantiff who happened to be the biological parents of the plantiff coupled with the objection of the defendant, their testimonies cannot be admitted according to the lslamic law “the testimony of the father for his child cannot be accepted so it is for the child to the father”.

“Based on the above authorities, the two witnesses tendered by the plantiff are hereby rejected and the case is hereby strike out and I so hold and the case is allowed to Sharia Court of Appeal within 30 days”.

 

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