By ACHADU GABRIEL, Kaduna
A man dragged before Sharia Court by his wife for rejecting a son has prayed the presiding Judge, Nuhu Falalu to dismiss the claims to accept the son as his biological child.
In an application brought before the Sharia Court sitting in Tudun Wada in Kaduna South Local Government Area of Kaduna State on Thursday, counsel to defendant, Barrister Auwal A. Mu’Allimu, of No.2 Court Road Kano, urged the court to dismiss the claims to accept the son on grounds that the claim was not grounded or disclosed reasonable cause of action.
Barr. Mu’Allimu who is the lead Counsel to defendant, Garba Ahmad, said he initially brought a motion to the court dismissing the claims.
“I initially brought a motion in for the court to dismiss the claims because the claim is not basically grounded or disclosed a reasonable cause of action.
“The basis of our arguments is that under Islamic law, from the date, a marriage contract is made, to the date of delivery, there must be, at least six months, less five days of Islamic months, which is lunar months.
“If it is the order way, then the month will be 29 days if there is no Luna month, at least five months will be 29, less one,” he said, adding that all together would amount to 175 days.
Mu’Allimu said from their computation, the whole days of marriage which is recognised under Sharia is far less and therefore, falls short of minimum requirements of the court under sharia.
“And we are saying that, if there is any case of this nature then the suit cannot be entertained because no cause of reasonable action; so we brought motion initially that the application cannot be moved to determine the case,” he said.
He lamented that all the initial applications made were wrongly withdrawn on his behalf by his sorbordnate counsel who submitted that ‘We’ll come and address the court’.
Mu’Allimu said even though he brought application to set the earlier application for withdrawal, he later agreed to drop the application when he noticed that the element would delay proceedings and accepted the option to come and address the court’s next sitting as counsel to plaintiff vehemently objected to his application on grounds that the court cannot entertain it.
Defendant counsel said Islamically, the gestation period of the marriage failed to match the delivery period to warrant his client’s acceptance of the child as his biological son.
The plaintiff, Hajiya Uzaifa Garba, had last year dragged her husband, Garba Ahmad to Sharia Court for rejecting his biological child after five months of their marriage, in Kaduna.
Hajiya Uzaifa Garba through her counsel, Barr. M B. Al-Hassan took the husband to the Sharia Court, asking the court to compel him to accept her baby boy as his biological son.
Speaking to journalists, Thursday after the sitting, Barr. Mu’Allimu said although the lawyer who represented him last sitting due to his illness mistakingly asked court to withdraw his initial application.
He said after all-round objections and debate, the judge later accepted that he should come and address the court’s next sitting.
According to Mu’Allimu, his client’s wife delivered the child on 21 October, 2016, at Fomwan Hospital in Badarawa, Kaduna State.
The Defendant had contested that the period of marriage did not match with the gestation period to warrant him to accept the child.
The case has been adjourned to April 26, 2017, by the Sharia Judge.