The Chief Kadhi’s Court in Mombasa has ordered a man to secure a one-bedroom apartment for his wife after she refused to live with her mother-in-law.

Chief Kadhi Abdulhalim Athman directed the husband to find independent accommodation within 60 days for his wife and their child.

He said it was the husband’s obligation to provide separate housing for both his elderly mother and his wife.

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

The Kadhi emphasised that caring for parents is a son’s responsibility, especially when they are elderly or in need, but it should not come at the expense of the wife’s dignity and independence.

He added that when couples agree to live with in-laws, it is “laudable and commendable as it serves the twin purposes of good treatment to parents and spouses.”

“In such cases, the wife should always enjoy her respect and independence as a legally married wife. Where there is no agreement or living in such an 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,” he said.

The Kadhi also ordered the husband to pay Sh10,000 monthly for the upkeep of the wife and child until they moved into their new home.

Custody of the child was granted to the mother to allow continued breastfeeding. The court revoked a previous order for shared custody, noting that it was not in the child’s best interest.

“While the parties are separated, as they now are, the actual physical custody of the child is granted to the petitioner, the child’s mother. The respondent to get access on weekends from 9 am to 6 pm but will always return the child to the petitioner,” said Athman.

The couple were married under Islamic law in 2023 in Mombasa and have one child.

The wife told the court that living with her mother-in-law worsened their relationship and that she was mistreated. Though willing to return to the marriage, she said she was comfortable living in a modest apartment as long as it was separate from the in-laws.

She accused the husband of being harsh, unappreciative, and once sending her back to her parents without their breastfeeding infant, allegedly to be taught manners.

The husband, who earns Sh35,000 monthly as a billing clerk, said he lives with his parents and pays Sh23,000 rent for their current apartment.

He insisted the wife was aware before marriage that she would live with his family, and said he cannot leave his elderly mother, whom he supports.