AJN refused to stay with her elderly mother-in-law in Mombasa due to frustration and conflict, which led to separation from her husband, AMA.

AJN sued the husband before the Chief Kadhi Hussein Athman, seeking to have a separate and independent accommodation.

She accused her mother-in-law of allegedly exacerbating the domestic wrangles that saw her molested and once returned to her parents to learn manners without the baby that was breastfeeding.

She accused AMA of being arrogant, rude and overbearing.

“The petitioner (AJN) successfully proved incompatibility with life with her mother-in- law. She has tried her best and has been perverting for some time. Insistence to compel her to live with her mother-in-law puts her to emotional and psychological harm and offends her marital right to independent accommodation,” said Chief Kadhi Athman

In her suit, AJN asked for reconciliation and physical custody of their two years old son and only agreed to reunite with the husband at their own rented home.

AMA had secured a sh.23,000 two bedroomed apartment in Ganjoni, within Mombasa Island after marrying AJN where he lived with the mother, the wife and their child.

AJN said she was ready to live in a bedsitter whose rent is sh8,000 per month but AMA was ready to provide independent accommodation of only sh2,500.00 per month and was not ready to ‘leave’ his mother.

However, Chief Kadhi Athman directed AMA to secure a one-bedroom apartment for her wife as a matrimonial home and granted the custody of the two-year-old child to the AJN.

The Chief Kadhi said that it was AMA’s obligation to look for independent accommodation for his mother and wife.

“He is hereby ordered to look for a one-bedroom self-contained apartment within Mombasa as their matrimonial house within 60 days from date of this judgment,” said Chief Kadhi Athma.

AMA was also directed to provide Sh10,000 child maintenance per month until they move into their new matrimonial home.

The judge ordered that while AJN and AMA are separated, the actual physical custody of their baby is granted to AJN while AMA will have access on weekends from 9 am to 6 pm.

“The respondent will further provide for the mother and child’s maintenance at Sh10,000.00 per month until they move to their new matrimonial home,” said Chief Kadhi Athman.

However, AMA said that before he married her wife, AJN knew she would be living with his family.

AMA said that he is the breadwinner of the family and has to live with his mother due to her old age and needs.

The two were married under Islamic law in 2023 at Mombasa and sired a son aged two.

AJN is unemployed but runs a henna application business for ladies at home to fend for herself, while AMA is a billing clerk at a hospital in Mombasa.

In his judgement, the Chief Kadhi noted that every wife, unless she otherwise consents, is entitled to a separate accommodation and living in the parents house is the exception rather than the rule.

He said that the independent accommodation lets spouses explore the full potential of their love and marital responsibilities and gives the marriage highest chances of success.

“The entitlement to accommodation is so strong that the matrimonial house is regarded as the wife’s house even during the edda upon divorce. Qur’an in .65.1 provides,” said Chief Kadhi Athman.

He, however, said that AMA, as a son, is obligated to care for his mother and father, especially in their old age and if they are needy.

The Chief Kadhi said care and respect for parents comes second only to the worship of Allah.

“In Q.17.23 Allah states:‘ And your Lord has decreed that you not worship except Him, and to parents, good treatment. Whether one or both of them reach old age (while) with you, say not to them (so much as) ‘uff’ and do not repel them but speak to them a noble word," said Chief Kadhi Athman.

He further noted that where there is agreement for spouses to live with the parents-in-law in the same house, it is both laudable and commendable as it serves the twin purposes of good treatment to parents and spouses.

Chief Kadhi Athman said in such cases, the wife should always enjoy her respect and independence as a legally married wife.

“Where there is no agreement or such arrangement has failed, the wife should not be compelled to live with her in-laws. It should, however, not be the reason to annul the marriage. The husband is obligated to provide separate accommodation for both his parents and wife according to his means,” said Chief Kadhi Athman.

He noted that many families have successfully navigated living in such arrangements, whilst many others have failed and regrettably led to divorce.