A 30-year-old lawyer, Usman Ahmed, on Tuesday asked his 25-year-old spouse, Zainab Abdulkadir, to refund the N400,000 dowry paid on her as a condition for divorce.
Ahmed made the demand when he showed up before a Jos Upper Area Court, where Zainab documented a file seeking dissolution of the marriage. Zainab had looked for dissolution of the marriage for absence of enthusiasm by her husband.
The petitioner, through her counsel, Mr. Bala Bako, told the court, "My client is no longer interested in the marriage. She is looking for a divorce from her husband.''
In any case, counsel to the respondent, Mr. M.k. Idoko, told the court to prevail on the
petitioner to refund the dowry paid on her.
petitioner to refund the dowry paid on her.
He said the petitioner betrayed the respondent when he was writing his last examination at the Law School.
“My lord, my client’s wife decided on her own to leave her matrimonial home while her husband was away to Law School writing his final examination.
“He (husband) tried to no avail to reconcile with her; but since she is the one who is willing to leave, she should refund the N400,000 paid on her as dowry.
“By Islamic injunctions, she is to refund the exact dowry or even more, depending on the negotiation the two families reached,’’ he argued.
Idoko said that it was on that ground that the respondent was requesting for correct sum paid as dowry.
The petitioner's counsel, Bako, in any case, said the respondent deserted her.
"She didn't leave intentionally, however she was constrained to do as such when her husband relinquished her in their marital home,'' he said.
Bako said the dowry couldn't be refunded in full since she didn't have such cash.
"As per Islamic law, she will refund just what she can bear.
"My lord, the offended party can bear the cost of just N60,000 as refund to her husband; all things considered, he subjected her to injury when he abandoned her at home,'' Bako said.
Idoko questioned the petitioner's supplication, contending that the applicant's claim of being subjected to injury was false.
"The marriage was just about a year, and she subjected her husband to injury as she relinquished him while writing his last examination at the Law School.
"My lord, in the case that she can't pay progressively or the correct sum, we are requesting that her compensation N350,000 and nothing less as refund for her dowry,'' he said.
The judge, Yahaya Ibrahim, deferred the case till April 21, for ruling.
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