Soldier ordered to refund Sh2 million to his ex-wife

A Kadhi’s court has ordered a Kenya Defence Force officer to refund his estranged wife Sh2 million she contributed in building their four-bedroom matrimonial home in Isiolo.

Principal Kadhi Abdulhalim Athman, in the decision read last Thursday, also allowed an application for divorce filed by the man’s wife identified as HSA over claims of assault, cruelty, neglect of parental responsibility and chasing her out of their matrimonial home.

In addition, Athman ordered the KDF officer identified as AAL to pay Sh50,000 every month for maintenance of their six children and three cows to the wife’s family as part of the dowry he had not paid.

“The four-bedroom house was developed during the subsistence of their marriage with evidence that each party contributed. Since the marriage has been dissolved, it is only fair that the woman is refunded Sh2 million as part of her contribution,” ruled Athman.

The couple were married under Islamic law in 1999 but in January, the woman filed for divorce and custody of their six children, claiming that the man had turned violent, forced her out of their matrimonial home and refused to reform despite interventions by elders.

She argued that for the 21 years they have been married, the man had chased her from their home more than 20 times and threatened to kill her with a knife over allegations of extra-marital affairs.

In his defence, AAL argued that he was not to blame for their marriage woes and that he had been providing for the family, bought his wife a car, opened for her a butchery business and singlehandedly contributed towards the construction of their home.

The principal Kadhi ruled that there was evidence the man mistreated, insulted, assaulted and threatened to kill his wife many times and that the marriage had broken down beyond repair.

“Islamic law prohibits marital violence. Husbands are directed to treat their wives with dignity and honour and not mistreat them either orally, physically or psychologically. She has been patient for a long time despite the abuse and I grant her prayer for dissolution of the marriage,” ruled Athman.

On the issue of dowry, the woman claimed that the man had not completed payment of three cows despite being in a marriage for 21 years.

Athman ruled that dowry was a fundamental right to the wife under Islamic marriage laws and ordered AAL to pay the three cows either in kind or through monetary equivalent at current market price.

He added that the mother had priority of custody of their six children as a matter of principle since there was no special or peculiar circumstance to deny her custody, but that the father had the responsibility to provide for their upkeep.

“Costs of children maintenance is a 100 per cent responsibility of the father. Quantum of maintenance depends on the child’s needs and father’s financial ability. He is a KDF officer and has rental houses which make monthly return thus making him capable to provide for his children,” ruled Athman. He ordered the man to pay Sh20,000 per month for the children’s maintenance, Sh12,000 monthly for accommodation and Sh18,000 monthly for school fees.

On the division of the matrimonial property, the Principal Kadhi ruled that each party was entitled to the contribution they made during the subsistence of their marriage.

He ruled that the woman was entitled to Sh2 million as her contribution.