[2018] KEKC 13 (KLR)

[2018] KEKC 13 (KLR)

The court found that the respondent had deserted the applicant for over two years, failed to provide maintenance, and made no effort to communicate or reconcile. The evidence, including letters from local authorities and confirmation from the respondent's brothers, established that the marriage had irretrievably broken down. In accordance with Islamic law, as referenced in the Holy Quran and Hadith, the court determined that the marriage had lost its meaning and purpose. Therefore, the court granted the dissolution of the marriage as prayed by the applicant.

Citation
[2018] KEKC 13 (KLR)
Parties
Applicant: HAH; Respondent: IHD
Court
Kadhis Courts
Court Station
Kadhis Court at Garsen
Jurisdiction
Kenya
Judgment Date
6 March 2018
Case Number
Divorce Cause 6 of 2018
Procedural Posture
Divorce Cause / Ex Parte Hearing and Final Judgment
Outcome
Marriage dissolved as prayed by the applicant.
Legal Topics
Divorce, Matrimonial Breakdown, Desertion, Maintenance, Eddah Period
Source Language
English
Family and Children Divorce Matrimonial Breakdown Desertion Maintenance Eddah Period

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Parties

HAH

Applicant

IHD

Respondent

Procedural Posture

Divorce Cause / Ex Parte Hearing and Final Judgment

Legal Issues

  1. 1 Whether the court should dissolve the marriage as prayed by the applicant due to desertion and lack of maintenance by the respondent.

Ratio Decidendi

The court found that the respondent had deserted the applicant for over two years, failed to provide maintenance, and made no effort to communicate or reconcile. The evidence, including letters from local authorities and confirmation from the respondent's brothers, established that the marriage had irretrievably broken down. In accordance with Islamic law, as referenced in the Holy Quran and Hadith, the court determined that the marriage had lost its meaning and purpose. Therefore, the court granted the dissolution of the marriage as prayed by the applicant.

Court Disposition

Marriage dissolved as prayed by the applicant.

Orders

  • The marriage between the applicant and respondent is hereby dissolved.
  • The applicant shall observe the eddah period of three months starting from 6th March 2018.