[2018] KEKC 3 (KLR)

[2018] KEKC 3 (KLR)

The court found that the marriage between the petitioner and respondent was celebrated under Islamic law and, despite the respondent's abandonment of Islam, the marriage remained valid until formally dissolved by a competent court. The Kadhi’s Court retained jurisdiction as the marriage was still subsisting under Islamic law at the time of the petition. The court determined that irretrievable breakdown of the marriage had been established due to prolonged separation, incompatibility, and the respondent's abandonment of the faith and marital obligations. On the issue of dower, the court held that the petitioner failed to prove non-payment on a balance of probabilities. The court declined...

Citation
[2018] KEKC 3 (KLR)
Parties
Applicant: LHJ; Respondent: AGD
Court
Kadhis Courts
Court Station
Kadhis Court at Moyale
Jurisdiction
Kenya
Judgment Date
24 December 2018
Case Number
Divorce Cause 31of 20 of 2018
Procedural Posture
Divorce Cause / Judgment
Outcome
Marriage dissolved; certificate of divorce to issue; each party to bear own costs.
Legal Topics
Islamic Marriage, Dissolution of Marriage, Dower Mahr, Custody of Children
Source Language
English
Family and Children Islamic Marriage Dissolution of Marriage Dower Mahr Custody of Children

Case Brief

Summary, issues, holding and outcome

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Parties

LHJ

Applicant

AGD

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent's request not to be subjected to Islamic shariah has impact on the case.
  2. 2 Whether there are grounds established for the dissolution of the marriage.
  3. 3 Whether the dower (mahr) was paid by the respondent.

Ratio Decidendi

The court found that the marriage between the petitioner and respondent was celebrated under Islamic law and, despite the respondent's abandonment of Islam, the marriage remained valid until formally dissolved by a competent court. The Kadhi’s Court retained jurisdiction as the marriage was still subsisting under Islamic law at the time of the petition. The court determined that irretrievable breakdown of the marriage had been established due to prolonged separation, incompatibility, and the respondent's abandonment of the faith and marital obligations. On the issue of dower, the court held that the petitioner failed to prove non-payment on a balance of probabilities. The court declined...

Court Disposition

Marriage dissolved; certificate of divorce to issue; each party to bear own costs.

Orders

  • The marriage celebrated between the petitioner and the respondent on 14th April, 2011 is hereby dissolved.
  • A certificate of divorce shall be issued forthwith.