[2018] KEKC 25 (KLR)
The court found that the respondent's failure to appear, combined with the credible testimony of the applicant and her witness regarding cruelty, non-maintenance, and non-payment of dowry, established sufficient grounds for dissolution of the marriage. The court held that the respondent was at fault for the...
Source-derived case information.
- Citation
- [2018] KEKC 25 (KLR)
- Parties
- Applicant: KKB; Respondent: AS
- Court
- Kadhis Courts
- Court Station
- Kadhis Court at Garsen
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 2 of 2018
- Procedural Posture
- Divorce Case / Ruling
- Outcome
- Marriage dissolved; dowry payment ordered.
- Legal Topics
- Dissolution of Marriage, Dowry Payment, Matrimonial Obligations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
KKB
Applicant
AS
Respondent
Procedural Posture
Divorce Case / Ruling
Legal Issues
- 1 Whether the marriage between the applicant and respondent should be dissolved on grounds of cruelty and non-maintenance.
- 2 Whether the respondent is liable to pay the applicant dowry of 4 cows as claimed.
Ratio Decidendi
The court found that the respondent's failure to appear, combined with the credible testimony of the applicant and her witness regarding cruelty, non-maintenance, and non-payment of dowry, established sufficient grounds for dissolution of the marriage. The court held that the respondent was at fault for the breakdown of the marriage and ordered dissolution on faskhu grounds. The court further ordered the respondent to pay the applicant the outstanding dowry of 4 cows within three months, and directed the applicant to observe the eddah period as required by Islamic law.
Court Disposition
Marriage dissolved; dowry payment ordered.
Orders
- The marriage between the applicant and respondent is dissolved on faskhu grounds.
- The applicant shall observe an eddah period of three months from the date of the ruling.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE KADHIS COURT
AT GARSEN
DIVORCE CASE NO 2 OF 2018
KKB..........................................................APPLICANT
Verses
AS..........................................................RESPONDENT
RULING
This divorce matter was decided on 23RD JANUARY 2018 the applicant prayed for :
1- Dissolution of marriage.
2- Payment of dowry (4 cows)
The application of this applicant proceeded ex parte the applicant sought that:
The respondent has been very irresponsible, that he never provides home maintenance . In addition to that he is very cruel, abusive, assaulting This reason caused the applicant to leave her matrimonial home to her parents since five months ago.
The applicant clime that the respondent refused to pay the dowry of 4 cows.
To support the issue the applicant availed one witness who testified confirming the applicant’s claim said that the respondent failed to pay hospital bill of KSH 40000/= He is only one help her to pay it and provide her food and maintenance.
I have noted the issue clearly and I found that the side of respondent has been the problem in this marriage for the following reason :
1- they failed to appear before this court without reason
2- That the evidence from witness is very clear that the respondent got mad
3- He has been asulting the plantiff as clearly indicated in The treatment notice.
1 - This marriage is dissolved on faskhu ground as requested by the applicant on condition that :
a) The applicant should wait for eddah period of three months from today.
b) Divorce certificate to be issued today.
2- The respondent to pay the plaintiff 4 cows as dowry within 3 months from today.
This is orders of this court
R/A 30 days
Delivered in court is day of 27 th FEB 2018 in the presence of
Mursal M Sizi kadhi
Court assistant Guracho Abdallah
Plaintiff
respondent