Sharia court declines dissolution of couple’s marriage despite evidence of maltreatment

A Bauchi Upper Sharia Court on Tuesday declined to dissolve the marriage between a housewife Aishatu Adamu and her husband, Umar Audu following a decision of their guardians to that effect.

Adamu had dragged her husband before the court, seeking dissolution of their marriage on the ground of maltreatment by her husband..

She alleged that she could no longer endure the maltreatment meted out to her by her husband who allegedly instructed her own children to curse and abuse her.

According to Aishatu, her husband often recorded the curses rained on her by the children and played it to her hearing, adding that she was irritated and humiliated by this.

The respondent, Audu consented to the dissolution of the union between them.

Delivering judgment in the case, the Sharia judge, Malam Bello Mohammed Sambo, declined to grant the plaintiff’s request to dissolve the marriage.

The decision to decline the prayer of the wife, according to Malam Sambo, was based on the resolution of the two guardians of the couple who suggested that both husband and wife should forgive each other and remain as a couple.

The judge stated that the guardians’ resolution followed the directive of the court, asking them to go and discuss and come up with a resolution on whether the marriage should be terminated or not in line with Islamic principles of amicable reconciliation.

He, therefore, directed the plaintiff to go back to her matrimonial home.

Reacting to the court’s decision while speaking with journalists, counsel for the plaintiff, Barrister Nasiru Balan Malam, expressed dissatisfaction with the judgment.

According to the Counsel, the wife approached the court to dissolve the marriage having been irritated and humiliated by her husband’s maltreatment.

Malam declared that the position of the guardians that the couple should continue to live together as husband and wife did not reflect the wish of the plaintiff.

He, therefore, vowed to appeal against it in the higher court.

On his part, the Counsel for the respondent, Zachariah Aliyu Libata, expressed satisfaction with the court’s judgment, saying that it reflected the wishes of the guardians of the couple who wanted the marriage to be restored.

Libata said every marriage had its challenge and admonished that couples should always resolve their differences and forgive each other.

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