[2019] KEKC 4 (KLR)
The court found that the marital relationship between the parties had irretrievably broken down, with both parties making serious allegations against each other regarding neglect, desertion, and failure to fulfill marital obligations. The court emphasized the husband's duty to care for his wife as per Islamic law...
Source-derived case information.
- Citation
- [2019] KEKC 4 (KLR)
- Parties
- Petitioner: MWW; Respondent: AHG
- Court
- Kadhis Courts
- Court Station
- Kadhis Court at Marsabit
- Jurisdiction
- Kenya
- Case Number
- Civil Case 36 of 2019
- Procedural Posture
- Civil Case / Ruling
- Outcome
- Marriage dissolved; divorce certificate to be issued; dowry forfeited by respondent; reconciliation period granted; custody of children with father; property to remain with current holders.
- Legal Topics
- Marriage Dissolution, Dowry Forfeiture, Child Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MWW
Petitioner
AHG
Respondent
Procedural Posture
Civil Case / Ruling
Legal Issues
- 1 Whether the marriage between the petitioner and respondent should be dissolved due to alleged neglect, desertion, and disobedience.
- 2 Whether the respondent is entitled to retain her dowry upon divorce.
- 3 Determination of custody and property rights post-dissolution.
Ratio Decidendi
The court found that the marital relationship between the parties had irretrievably broken down, with both parties making serious allegations against each other regarding neglect, desertion, and failure to fulfill marital obligations. The court emphasized the husband's duty to care for his wife as per Islamic law but noted that the parties were no longer cohabiting as husband and wife. Given the respondent's request for divorce, the court held that she must forfeit her dowry. The court also determined that, since all children were above the age of puberty, they could remain under the custody of their father. Property in the possession of each party would remain with them. The court...
Court Disposition
Marriage dissolved; divorce certificate to be issued; dowry forfeited by respondent; reconciliation period granted; custody of children with father; property to remain with current holders.
Orders
- The marriage between the petitioner and respondent is dissolved and a divorce certificate shall be issued.
- The respondent, having requested divorce, shall forfeit her dowry.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE SENIOR RESIDENT KADHI’S COURT AT MARSABIT
CIVIL CASE NO. 36 OF 2019
MWW.............................................PETITIONER
VS
AHG............................................RESPONDENT
RULING
a) The above case, petitioner prays for that the defendant neglects him
b) For desertion
c) disobedience
The petitioner in her defence refutes that he has never at any given time failed to do any duty as a married with my husband. In paragraph three of the defence, the defendant refuses that she is always obedient to her husband, what she also complains against husband that the petitioner wasted her the respondent money, it was difficult for him to meet to his children’s needs (basic), the respondents states in her affidavit that our house is falling, she is fearing in a house. The respondent also states in her affidavit that she is running up and down to meet basic needs of her children where the petitioner is naïve to do his responsibility.
BACKGROUND
The petitioner is complaining about his wife that she is disobeying him in many occasions especially when he was hospitalized she has never come and give sorry for him, another occasion is that when he was discharged from the hospital she hasn’t cooked for him the food that is meant for a sick person. The respondent is refuting all those are allegations against her.
CONCLUSIONS
It is the responsibility of the husband to take care of his wife as Almighty Allah states clearly in the Holy Quran telling men that it is there responsibility to take care of women, the court found that the parties no longer stays together as wife and husband.
CONCLUSIONS
1) The marriage between the plaintiff and defendants be dissolved, and the parties to be issued with the divorce certificate.
2) Since the defendant requested for divorce she has to forfeit her dowry.
3) The parties have almost three months to reconcile.
4) Since all children are above the age of puberty, they can still under the custody of their father.
5) All the assets which are under the custody of the respondents should remain hers, the same applies to the petitioner.
Given under my hand and seal of this court on the 16th September 2019.
Ruling delivered on 16th day of September 2019, before Hon. Adan I Tullu,
In the presence of:-
1. Plaintiff
2. Defendant
CC: Tume
HON. ADAN I. TULLU
SENIOR RESIDENT KADHI
MARSABIT LAW COURT