Preface

75
respondent, this honorable Court is of view that the relevant issues for
determination on this appeal is as follows:-
1. Whether the lower Court was right in awarding D4,500.00 to the respondent
as arrears of maintenances of the respondent pregnancy without considering
the financial condition of the appellant?
2. Whether the respondent`s parent have the right to change the name given by
the appellant from Naffy Barry to Mariama Barry.
3. Whether the right of custody is with the appellant or the respondent
With regard to issue No.1, we went through the record of proceeding, of the
lower Court, no where the learned Cadi enquire into the financial status of the
appellant before awarding the sum of D4,500.00 as arrears of maintenance of
pregnancy of the respondent. While the position of Islamic law is that in
determining the amount of maintenance generally, regard must be had to the
financial status of the husband, the Holy Quran provides.
–
Meaning: “Let him who has abundance spend out of has abundance, and who ever
has was means of sustenance strained to him, let him spend out of that which Allah
has given him”
To ascertain the financial ability of the appellant and in line with the
provision of the above quoted verse, we asked the appellant what he does for a
living. The appellant answered that he is not working but a trainee receiving D750
monthly, with responsibility of taking care of his aged parent. We then asked the
respondent about the assertion of the appellant regarding his means of livelihoods;