JUDGMENT
Madan JA The appellant (wife) and the respondent (husband) are husband and wife of the Shia Imami Ismaili Muslim faith. They were married in 1972 in accordance with their personal law as enunciated in the Holy Constitution ordained by their spiritual Leader His Highness The Aga Khan (hereafter referred to as the constitution).
After their marriage the parties lived at Eldoret with the husband’s family. There are two children of the marriage, a daughter Farah born on January 25, 1973 and a son Faisal born on June 24, 1974.
On September 2, 1980, the husband presented a petition, as he was entitled to do under the Constitution, to HH The Aga Khan Shia Imami Ismailia Provincial Council, Kisumu (hereafter referred to as the Council), paragraph 5 of which reads as follows:
“5. The parties withdrew from cohabitation in November, 1979 and the said marriage has irretrievably broken down. Your applicant therefore prays that the marriage be dissolved under Art 284, Holy constitution, and th…