[2019] KEKC 30 (KLR)

[2019] KEKC 30 (KLR)

The court found that the respondent had deserted the claimant and their children for over seven years, failing to fulfill his marital and parental obligations. Under Islamic law and the Islamic Charter on family, such prolonged absence and lack of support entitle the wife to seek dissolution of marriage. The court also recognized the claimant's sole responsibility in caring for the children during this period. Consequently, the marriage was dissolved, and custody of the children was granted to the claimant. The respondent's failure to participate in the proceedings or contest the claims further supported the claimant's case.

Citation
[2019] KEKC 30 (KLR)
Parties
Applicant: HSA; Respondent: AJD
Court
Kadhis Courts
Court Station
Kadhis Court at Kericho
Jurisdiction
Kenya
Judgment Date
16 May 2019
Case Number
Divorce Cause 1 of 2018
Procedural Posture
Divorce Case / Judgment
Outcome
Claim allowed. Marriage dissolved. Custody of children granted to claimant. Costs to claimant.
Legal Topics
Divorce, Child Custody, Child Maintenance
Source Language
English
Family and Children Divorce Child Custody Child Maintenance

Case Brief

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Parties

HSA

Applicant

AJD

Respondent

Procedural Posture

Divorce Case / Judgment

Legal Issues

  1. 1 Whether the marriage between the claimant and respondent should be dissolved under Islamic law due to desertion and lack of support.
  2. 2 Whether the respondent should be ordered to take responsibility for the children.
  3. 3 Who should be granted custody of the children.

Ratio Decidendi

The court found that the respondent had deserted the claimant and their children for over seven years, failing to fulfill his marital and parental obligations. Under Islamic law and the Islamic Charter on family, such prolonged absence and lack of support entitle the wife to seek dissolution of marriage. The court also recognized the claimant's sole responsibility in caring for the children during this period. Consequently, the marriage was dissolved, and custody of the children was granted to the claimant. The respondent's failure to participate in the proceedings or contest the claims further supported the claimant's case.

Court Disposition

Claim allowed. Marriage dissolved. Custody of children granted to claimant. Costs to claimant.

Orders

  • The marriage between the claimant and respondent is dissolved with effect from 16th April 2017.
  • Custody of the children is granted to the claimant.