Rehema Masoud vs Bakari Idd Karugutu ((PC) Civil Appeal No. 91 of 1990) [1991] TZHC 2059 (12 August 1991)

IN THE HIGH COURT OF TANZANIA ., . (Pc) CIVIL £?PEJL NO, 91 0~ 1990 REHEMJ .. M,1SOUD. , ••• , ••• , •• , • AP PELL.1NT versus Bi.K11RI IDD K1i.RUGUTU, •• • •, •• R.E;S.i:->ONDENT From Oiv. ippeal No, 35/09 of Kilosa District Court and div, Case No, 21/09 of Magole Primary Court, JUDGlfiENT LUKGAKINGIRA,J: Sometime in '1987 the parties to this appeal went through a ceremony of marriage in accordance with Islamic rites. The union did not last long; by May, 1900, the tappellant was cohabiting with anoher man. That prompted the respondent to commence action at Magole Primary Court in Kilosa District claimine damades for adul teYy. He joined both the alleged adulterer, one Di it1cc Daudi, an(l t·he a.f)i.>ellant ~ The aotion was unsuccessful; the court held that the marriage had previously been validly dissolved by an Islamie talaq a-nd further -tha t Di tri4'k Dau1i had through•. inquiries been made to believe that ' the appellant was unmarried. Th_.is d,id_ .not satisfy the respondent who appealed to the District Court.- He· was again 1msuocesJful. 0 The latter coW11t, while holding_that the marriage still subsisted,' agreed with the trial court that Ditrick Daudi had irnocently taken the ~ppellant ffor a wife•· The responden·t did not further appeal•' Instead .. the appellant brought the present appeal chal:enging that art of the judgment which· declared that she was still th•J rJspondent I s wife.- The judgment of the District Court was, of course, correct. Sins the coming j,,:it<to peration of the Law of Marri.:i.ge Act, 197:,, the Irlamio_ rules have been superceded in those areas for which the.,.J.ct makes provision., The tct makes provisioh for the iissolution of marriages, which means .that the Islamic talaq is disa,pJ.ied. All marriages, irrespective of the manner of their solemnisction, can now be dissolved only by a decree of a court of law. I have sf.en evidence in which the respondent was said to have issued a talaq; ! have also seen evidence of his desparate attempts at "rejea'' (revocation). I say that in the light of the provisions of the Jct the purported talaq was void and of no ligal effect. In law, therefore, the District Court was correct in declaring that the marriage subsisted. This, status cen be terminated only in pr9per divorce proceedings. · I dismiss the appeal bt order the parties espective costs before this Court. ' DAR ES S.~111.&.M ... 12th ~ugust, 1991.