PART C.
BRIEF FACTS.
Marriage and Children:
Fahad Guweddeko married Janat Atwiine under Islamic law.
Religious Conversion and Second Marriage:
Fahad converted to Christianity, changed his name to James Guweddeko, and married Eseza
Kwagala.
James and Eseza have a son, Jonah Guweddeko.
Conflict:
Janat felt betrayed by Fahad’s conversion and second marriage, which violates Islamic
principles.
ISSUES.
1. What are the types of divorce recognised under Islam?
2. What remedies are available to Janat?
3. What is the Forum, procedure and the necessary documents in respect of the remedy
above?
LAW APPLICABLE.
1. The Constitution of the Republic of Uganda, 1995
2. The Judicature Act, Cap.16
3. The Marriage and Divorce of Mohammedans Act, Cap. 147
4. The Hindu Marriage and Divorce Act Cap. 145
5. Evidence Act, Cap. 8
RESOLUTION.
ISSUE 1. What are the types of divorce recognised under Islam.
Constitutional and Legal Basis
Article 31(1) of the 1995 Constitution: A man and woman aged 18 years and above
have the right to marry, start a family, and have equal rights in marriage and upon its
dissolution.
Article 129(1)(d): Uganda’s judicial power includes Qadhi courts for matters
concerning Islamic marriage, divorce, inheritance, and guardianship.
Marriage and Divorce of Mohammedans Act
Section 2: Marriages and divorces conducted according to Islamic rites and customs are
valid and must be registered under the Act.
Modes of Dissolution of Islamic Marriage
Talaq (Divorce by the Husband):
o The husband pronounces divorce, usually three times, to end the marriage.
Khula (Divorce by the Wife):
o The wife initiates divorce by offering compensation to the husband (often
returning the dowry).
Faskh (Annulment by the Court):
o A judicial annulment granted when there is misconduct, conversion of religion,
or inability to fulfil marital obligations.
Mubarat (Mutual Consent):
o Both spouses mutually agree to dissolve the marriage.
Grounds for Fask (Judicial Divorce)
Ayoob v. Ayoob (1968) EA 72: Grounds for fask include:
o Failure to perform marital duties.
o Apostasy or abandonment of Islam.
o Physical, mental, or emotional abuse.
o Marital infidelity.
Islamic Perspective on Marital Abandonment
Quran 33:49: If a man no longer wishes to stay married, he should release his wife
respectfully rather than abandon her.
Polygamy in Islamic Law
A husband may marry up to four wives, but only within the confines of sharia law. Any
relationships beyond this are considered marital infidelity or adultery.
ISSUE2. What remedies are available to Janat?
1. Khula (Wife-Initiated Divorce):
o Janat can seek divorce by returning her dowry if Fahad agrees.
2. Child Custody and Maintenance:
o Janat can seek custody of their children, with Fahad liable to provide financial
maintenance.
3. Division of Property:
o Janat can claim her share of the jointly owned property.
ISSUE3. What is the Forum, procedure and the necessary documents in respect of the remedy
above?
Forum.
Procedure
Documents.
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT WAKISO HIGH COURT
(FAMILY DIVISION)
Divorce cause No 2.of 2024
JANAT ATWIINE:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PETITIONER
VERSUS
FAHAD GUWEDDEKO::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: RESPONDENT
DIVORCE PETITION
(Under Section 18 of the Marriage and Divorce of Mohammedans Act cap 252, 65:9 Quran,
section 98 of the Civil Procedure Act)
This is a humble petition of JANAT ATWIINE whose address of service for purposes of this
petition shall be C/o Firm D1 & Co. Advocates P.O Box 111 LDC Kampala, Your humble
petitioner is a female Ugandan of sound mind, a resident of Ssonde Namugongo Kampala
District.
1. The respondent is a male adult Ugandan presumed to be of sound mind , a resident of
Ssonde Namugongo and the petitioner’s Advocate undertakes to effect court service upon
him
2. The petitioner was married to the respondent on 12.02.2000 at Central Mosque in
Namugongo Bulooli ( “A copy of Muslim marriage certificate attached and marked
Annexure “A”)
3. That the petitioner and the respondent both stayed in Namugongo Bulooli and later in
June 2020 shifted to their newly built a house.
4. That both petitioner and respondent were blessed with two children Mikisa Louis and
Lina Kisa aged (14) and (10) respectively
5. That the respondent on the 11th day of November changed his religion to Christian and
married Eva Kwagala ( A copy attached marked B)
6. That the petitioner avers that the respondent and his newly married woman (Eva) and
begot a child called Simon.
7. That the cause of action in Sonde Namugongo is within the jurisdiction of this Honorable
court.
8. That the petitioner has not in any way connived colluded or condoned with the
respondent.
9. That the petitioner thereby humbly prays that this honorable court orders that;
a) The marriage between the petitioner and the respondent be dissolved by this court
and a decree nisi be granted.
b) Custody orders be made for the children Louis Mikisa and Lina Lisa aged (14)
and (10) respectively.
c) Order for disposal of matrimonial property.
d) Any other order with that court deems fit.
DATED AT KAMPALA this 29th day of October, 2024.
…………………………………
COUNSEL FOR THE PETITIONER
Drawn & Filed by;
FIRM D1& Co. Advocates,
P.O Box 111,
KAMPALA, UGANDA.
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT WAKISO HIGH COURT
(FAMILY DIVISION)
Divorce cause No 2.of 2024
JANAT ATWIINE:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PETITIONER
VERSUS
FAHAD GUWEDDEKO:::::::::::::::::::::::::::::::::::::::::::::::::::::::: RESPONDENT
SUMMARY OF EVIDENCE
The petitioner shall adduce evidence to show that she was lawfully married to the respondent.
The petitioner shall adduce further evidence to show that the marriage has irretrievable
breakdown.
LIST OF WITNESSES
1. Petitioner
2. Other witnesses with leave of court
LIST OF DOCUMENTS
1. Islamic Marriage Certificate
2. Others with leave of Court
LIST OF AUTHORITIES
1. The Constitution of the Republic of Uganda, 1995 as amended.
2. The Marriage Act, Cap 251
3. The Divorce Act 249
4. The Marriage and Divorce of Mohammedan Act Cap 252
5. The Civil Procedure Rules Statutory 71-1
6. The Judicature Act Cap 13
7. The Uganda Association of Women Lawyers and Ors V Attorney General Constitution
Petition N0. 02/03
8. Other Authorities with leave of court.
Dated at Kampala this 29th day of October, 2024.
..................................................
COUNSEL FOR THE PETITIONER
Drawn & Filed by;
FIRM D1 & Co. Advocates,
P.O Box 111,
KAMPALA, UGANDA.
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT WAKISO HIGH COURT
(FAMILY DIVISION)
Divorce cause No 2.of 2024
JANAT ATWIINE:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PETITIONER
VERSUS
FAHAD GUWEDDEKO::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: RESPONDENT
AFFIDAVIT VERIFYING THE DIVORCE PETITION
I JANAT ATWIINE of C/O FIRM D1 & CO ADVOCATES PO BOX 111 LDC Kampala do
swear and state as follows;
1. That I am a female Ugandan of sound mind, a resident of Ssonde Namugongo Kampala
District.
2. That I was married to the respondent on 12.02.2000 at Central Mosque in Namugongo
Bulooli ( “A copy of Muslim marriage certificate attached and marked Annexure
“A”)
3. That I stayed with the respondent in Namugongo Bulooli and later in June 2020 shifted to
our newly built house.
4. That I and the respondent were blessed with two children Mikisa Louis and Lina Kisa
aged (14) and (10) respectively
5. That the respondent on the 11th day of November changed his religion to Christian and
married Eva Kwagala ( A copy attached marked B)
6. That the respondent and his newly married woman (Eva) and begot a child called Simon.
7. That I have not in any way connived colluded or condoned with the respondent.
8. That what is stated herein above is true to the best of my knowledge save that which is
based on the information/advice from the sources herein disclosed.
Dated at Kampala this 29th day of October, 2024.
SWORN by the said; JANAT ATWIINE ………………………….
DEPONENT
BEFORE ME
………………………………………..
COMMISSIONER FOR OATHS
Drawn & Filed by;
FIRM D1 & Co. Advocates,
P.O Box 111,
KAMPALA, UGANDA.
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT WAKISO HIGH COURT
(FAMILY DIVISION)
Divorce cause No 2 of 2024
JANAT ATWIINE:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PETITIONER
VERSUS
FAHAD GUWEDDEKO::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: RESPONDENT
SUMMONS TO ANSWER PETITION
TO: FAHAD GUWEDDE
WHEREAS the above petitioner has petitioned this court for a decree for dissolution of
marriage (a copy of which petition is attached to this summons), you are summoned to appear in
this court in person or by agent on the 1 st of November, 2024 at 10:00 o’clock in or as soon
thereafter as the case can be heard, to answer the above petitioner and for such further orders as
the court may make for the disposal of the suit.
FURTHER TAKE NOTICE that in default of your so doing the petition will be heard and
determined in your absence.
GIVEN under my hand and seal of the honorable court the 30th day of October, 2024.
…………………………………………….
REGISTRAR
Extracted by;
FIRM D1 & Co. Advocates,
P.O Box 111,
KAMPALA, UGANDA.
