19921203 TZHC Dar es Salaam

19921203 TZHC Dar es Salaam

Issuance of 'talak' by the respondent and failure of reconciliation under Islamic law and section 107(3) of the Law of Marriage Act require the court to declare the marriage irreparably broken down and grant divorce.

Citation
19921203 TZHC Dar es Salaam
Parties
Appellant: Halima Salum; Respondent: Juma Iddi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 December 1992
Procedural Posture
PC Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Divorce, Islamic Marriage, Maintenance of Children
Source Language
English
Family Law Divorce Islamic Marriage Maintenance of Children

Case Brief

Summary, issues, holding and outcome

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Parties

Halima Salum

Appellant

Juma Iddi

Respondent

Procedural Posture

PC Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has irreparably broken down under Islamic law and section 107(3) of the Law of Marriage Act
  2. 2 Whether the appellant is liable to pay maintenance for the children

Ratio Decidendi

Issuance of 'talak' by the respondent and failure of reconciliation under Islamic law and section 107(3) of the Law of Marriage Act require the court to declare the marriage irreparably broken down and grant divorce.

Court Disposition

appeal allowed

Orders

  • Decree of divorce restored; marriage declared irreparably broken down.
  • Respondent required to maintain the children as per section 129(1) of the Law of Marriage Act.