[2016] KEKC 3 (KLR)
The court found that the respondent had deserted the applicant and their children for thirteen years, provided no communication or financial support, and failed in his marital and parental obligations. Based on the evidence adduced by the applicant and guided by the Holy Quran and Hadith, the court determined that...
Source-derived case information.
- Citation
- [2016] KEKC 3 (KLR)
- Parties
- Applicant: FAM; Respondent: JOA
- Court
- Kadhis Courts
- Court Station
- Kadhis Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 13 of 2016
- Procedural Posture
- Divorce Case / Judgment
- Outcome
- Marriage dissolved; custody and maintenance orders granted; dowry payment ordered.
- Legal Topics
- Divorce, Custody of Children, Maintenance, Dowry Payment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
FAM
Applicant
JOA
Respondent
Procedural Posture
Divorce Case / Judgment
Legal Issues
- 1 Whether the marriage between the applicant and respondent should be dissolved due to desertion.
- 2 Whether the applicant is entitled to custody and maintenance of the children.
- 3 Whether the respondent should pay the balance of the dowry (mahri).
Ratio Decidendi
The court found that the respondent had deserted the applicant and their children for thirteen years, provided no communication or financial support, and failed in his marital and parental obligations. Based on the evidence adduced by the applicant and guided by the Holy Quran and Hadith, the court determined that the marriage was no longer viable and ordered its dissolution. The court further held that the applicant is entitled to custody of the children, with the respondent required to pay maintenance and the outstanding dowry. The orders were made in accordance with Islamic law and the best interests of the children.
Court Disposition
Marriage dissolved; custody and maintenance orders granted; dowry payment ordered.
Orders
- The marriage is dissolved on condition that the applicant observes the eddah period of three months.
- A divorce certificate to be issued on 19th April 2016.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE KADHIS COURT AT KISUMU
DIVORCE CASE NO 13 OF 2015
FAM......................APPLICANT
JOA.....................RESPODENT
JUDGEMENT
In this divorce cause dated I3th OCT. 2015 the petitioner prayed for:
1- DISSOLUTION OF THE MARRIAGE
2-CUSTODY AND MAINTENANCE OF THE CHILDREEN
3- PAYMENT OF THE BALANCE OF THE MAHRI
4- COMPENSATION FOR RENT ,SCHOOL FEES AND MAINTENANCE SINCE THE YEAR 2002 TO DATE
The proceeding of this case proceeded ex parte the applicant sought that The respondent deserted his family thirteen years ago he has never returned no communication and does not send money.
the applicant sought that she informed the respondent mother and his brothers about this matter, but they told her to look for ways to take care her children.
She has two children DK and A. DK finished secondary level while A finished primary in the last year.
I have noted the issue clearly and I found that the view of the evidence adduced by the applicant it is evident that this marriage is not worthily according the Holy Quran and the hadith of prophet S.A.W on this bases I hereby order that:
1- this marriage is dissolved on condition that the applicant should wait for the eddah period three months.
2-divorce certificate to be issued on 19th April 2016
3- custody of the children is given to the plaintiff and the respondent shall have reasonable access to them.
4- It is compulsory for the respondent to pay ksh 1000 as the payment of the dowry within 25 days from today 19th JAN 2016.
5- It is compulsory for the respondent to pay kshs. 13300/= as maintenance for his children monthly effect from JAN 2016.
These are order of this court.
R/A 30 days
delivered this on 19 th JAN 2016
inthe present:
Mursal M Sizi Kadhi
C/A Rehema Akidah