Wakilii

Ali v Khan (C.C. 15-1929 (Msa.))

East African Court of Appeal · [1929] EACA 104 · 1929 Petition Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Divorce petition under Mohammedan law on grounds of desertion and failure to provide maintenance
Decision
Marriage between petitioner and respondent dissolved

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Under Mohammedan law, a wife is entitled to divorce where she proves by two witnesses and her own oath that her husband deserted her for three years without providing maintenance and has no property in the jurisdiction. The Chief Kathi dissolved the marriage on these grounds.

Outcome

Marriage between petitioner and respondent dissolved

Facts

The petitioner was a Beluchi Mohammedan woman living at Makadara, Mombasa. The respondent was an Indian Mohammedan. The respondent left the petitioner three years prior without providing any maintenance. Substituted service was effected by affixing copies of the summons on the respondent's last-known residence and the Court notice board. Service in India was attempted but returned unserved. Two witnesses testified that the respondent left the petitioner without provision and had not provided for her since. The petitioner took an oath that she had received no maintenance for three years. The Chief Kathi assisted the Court and confirmed that the respondent had no property in the Colony.

Issues

  1. Whether a Mohammedan wife is entitled to divorce where her husband has deserted her for three years without providing maintenance.

Orders

  • Marriage dissolved.

Rules and key headnotes

Mohammedan Law — Divorce — Grounds — Desertion and Failure to Maintain
Under Mohammedan law, a wife is entitled to divorce where she proves by the testimony of two witnesses and her own oath that her husband has deserted her for three years without providing maintenance.
Mohammedan Law — Divorce — Proof — Standard of Evidence
In Mohammedan divorce proceedings based on failure to maintain, the petitioner must adduce two witnesses to prove that the husband left without provision and has not provided maintenance, and must herself take an oath to that effect.
Mohammedan Law — Divorce — Role of Chief Kathi
The Chief Kathi may be called to assist the Court in Mohammedan divorce proceedings and has authority to dissolve the marriage where the grounds are proved according to Mohammedan law.

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Ali v Khan (C.C. 15-1929 (Msa.)) [1929] EACA 104 (1 January 1929)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.