[2018] KEKC 18 (KLR)
The court found that the respondent had deserted the applicant for almost four years, as corroborated by witness testimony and a letter from the area chief. The evidence demonstrated that the marriage no longer fulfilled the requirements of tranquility, love, and care as prescribed by Islamic law. The court held...
Source-derived case information.
- Citation
- [2018] KEKC 18 (KLR)
- Parties
- Applicant: FBS; Respondent: AYG
- Court
- Kadhis Courts
- Court Station
- Kadhis Court at Garsen
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 72 of 2017
- Procedural Posture
- Divorce Petition / Judgment
- Outcome
- Marriage dissolved; divorce certificate to issue; applicant to observe eddah period.
- Legal Topics
- Dissolution of Marriage, Desertion, Divorce Certificate, Eddah Period
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
FBS
Applicant
AYG
Respondent
Procedural Posture
Divorce Petition / Judgment
Legal Issues
- 1 Whether the court should dissolve the marriage due to the respondent's desertion.
- 2 Whether the applicant is entitled to a divorce certificate.
Ratio Decidendi
The court found that the respondent had deserted the applicant for almost four years, as corroborated by witness testimony and a letter from the area chief. The evidence demonstrated that the marriage no longer fulfilled the requirements of tranquility, love, and care as prescribed by Islamic law. The court held that the applicant was entitled to dissolution of the marriage and issuance of a divorce certificate, as the respondent's prolonged absence and failure to provide or communicate constituted sufficient grounds for divorce under both the Holy Quran and Hadith.
Court Disposition
Marriage dissolved; divorce certificate to issue; applicant to observe eddah period.
Orders
- The marriage between the applicant and respondent is hereby dissolved.
- The applicant shall observe an eddah period of three months starting from 9th January 2018.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE KADHIS COURT AT GARSEN
DIVORCE CASE NO 72 OF 2017
FBS.....................APPLICANT
VS
AYG..................RESPODENT
JUDGEMENT
In this divorce case dated 13th OCTOBER. 2017 the petitioner prayed for:
1- Dissolution of marriage.
2- Divorce certificate to be issued.
The Proceeding of this suit proceeded ex parte the applicant sought that: the respondent deserted his family since 2013, he doesn’t communicate with her. Many efforts to bring him back failed. The applicant has been forced to work extra hard to put food on the table for her two children.
To support the issue the applicant availed two witness whom testified confirming the applicant’s claim namely: Said wary and Abdala turey . The witnesses certified that what the applicant said is the truth. The applicant produced the letter from the chief area showing that the husband has bordered her for almost four years. Upon hearing, applicant herein the matter to be determined is:
Is the honorable court entitled to dissolve the marriage as per applicant's prayers?
It is clear to this court that The view of the evidence adduced by the applicant it is evident that this marriage is not worthily according to the Holy Quran and the Hadith of prophet SWALLAH ALLAHU ALLYHE WASALLAM .Allah saying in the holy al Qur’an surat arum verses 21(?????? ???????? ???? ?????? ?????? ???? ???????????? ?????????? ???????????? ????????? ???????? ?????????? ????????? ?????????? ????? ??? ?????? ???????? ???????? ??????????????) meaning : Among His proofs is that He created for you spouses from among yourselves, in order to have tranquility and contentment with each other, and He placed in your hearts love and care towards your spouses. In this, there are sufficient proofs for people who think.)
The prophets swalla ALLHU aleyhi wasalam said: (???? ??????????? ????? ???????? ????????????? ????? ??????????? - ???? ??????????? - ????? ???????? ????????? ????? ????????? ????? ???????? ?????? ??? ????????? ».) meaning : You feed her when you eat and cloth her when you cloth yourself and not hit her on her face and do not say may ALLAH deface you. And do not keep away from her except in the home.
On this basis I hereby order that:
1- This marriage is hereby dissolved as requested by the applicant.
2- That the applicant should wait for eddah period of three months starting from today 9th January 2018.
2 Divorce certificate to be issued today.
This is orders of this court
R/A 30 days
Delivered in court is day of 9th January 2018 in the presence of
Mursal M Sizi kadhi
Court assistant Boy Mkonoh
Plaintiff
Respondent