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An Higher Sharia Court docket in Kano State, presided over by Abdullahi Halliru, has dismissed the preliminary objection filed by counsel to Inuwa Uba, husband of Asiya Ganduje, difficult the jurisdiction of the courtroom to listen to the case.
Asiya, a daughter of Kano State Governor, Abdullahi Ganduje, approached the courtroom via her counsel, Barrister Ibrahim Nassarawa, praying for the dissolution of her marriage via an Islamic means (Khul’i), claiming that she was drained and fed up staying together with her husband.
She expressed her willingness to return the N50,000 dowry the husband gave her in the course of the wedding ceremony Fatiha.
When the courtroom resumed on Thursday, for ruling on jurisdiction, the presiding choose declared that his courtroom has jurisdiction to obtain, hear and determine a matter associated to divorce.
The choose requested counsel to the defendant to know the way a lot his shopper paid as dowry on the time of the marriage prayer.
Umar stated he was not conscious of the precise quantity his shopper paid to the plaintiff.
In the meantime, each events have urged the courtroom for a stand right down to additional verify from Asiya and Uba the quantity of dowry all of them agreed on in the course of the wedding ceremony Fatiha.
After the courtroom stood down, every counsel made calls exterior the courtroom.
Consequently, when the courtroom reconvened, Umar advised the courtroom that he couldn’t attain his shopper, Uba, on cellphone and sought an adjournment to make clear the precise quantity he paid as dowry, along with responding to the declare of his spouse, Asiya.
On his aspect, Barrister Nassarawa insisted that his shopper obtained N50,000 as a dowry, stressing her readiness to return it again for the wedding to be dissolved.
After he heard the submissions of each events, the presiding choose adjourned the case to January 19, 2023, for Barrister Umar to inform the courtroom the precise quantity his shopper paid as dowry to allow the courtroom to proceed to the following step.
In a chat with journalists after the courtroom continuing, Nassarawa defined that each girl who resides beneath unusual situations has a proper beneath Islamic regulation to strategy the courtroom and search for her marriage to be dissolved with the situation of returning the dowry the husband paid to her throughout their wedding ceremony Fatiha.
He stated this isn’t a brand new precept in Islamic Shari’ah Legislation.
On his aspect, Barrister Umar stated the problem was past the cost of dowry alone, stating that his shopper has situations concerning a few of his belongings, earlier than coming to the problem of divorce.
He, nevertheless, stated his shopper was able to reconcile with the plaintiff.
