[2016] KEKC 10 (KLR)

[2016] KEKC 10 (KLR)

The court found that the evidence, including the elders' ruling and the applicant's testimony, established that the marriage had irretrievably broken down, with the 2nd respondent (father-in-law) being a source of significant marital discord. The court determined that the marriage was not viable according to Islamic law and the Holy Qur'an. The court further held that, under Islamic Shariah, custody of the children should be granted to the mother if the father provides maintenance, provided the mother has not remarried. The court ordered the dissolution of the marriage by way of Khul'u, granted custody of the children to the applicant, and ordered the 1st respondent to pay monthly...

Citation
[2016] KEKC 10 (KLR)
Parties
Applicant: NKN; Respondent: HA; Respondent: AAA
Court
Kadhis Courts
Court Station
Kadhis Court at Wajir
Jurisdiction
Kenya
Judgment Date
16 March 2016
Case Number
Divorce Cause 85 of 2015
Procedural Posture
Divorce Case / Judgment
Outcome
Marriage dissolved by way of Khul'u; custody of children to applicant; maintenance awarded.
Legal Topics
Divorce, Custody of Children, Maintenance, Dowry Payment
Source Language
English
Family and Children Divorce Custody of Children Maintenance Dowry Payment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

NKN

Applicant

HA

Respondent

AAA

Respondent

Procedural Posture

Divorce Case / Judgment

Legal Issues

  1. 1 Whether the marriage between the applicant and the 1st respondent should be dissolved.
  2. 2 Whether the applicant is entitled to custody of the children.
  3. 3 Whether the applicant is entitled to maintenance for the children.

Ratio Decidendi

The court found that the evidence, including the elders' ruling and the applicant's testimony, established that the marriage had irretrievably broken down, with the 2nd respondent (father-in-law) being a source of significant marital discord. The court determined that the marriage was not viable according to Islamic law and the Holy Qur'an. The court further held that, under Islamic Shariah, custody of the children should be granted to the mother if the father provides maintenance, provided the mother has not remarried. The court ordered the dissolution of the marriage by way of Khul'u, granted custody of the children to the applicant, and ordered the 1st respondent to pay monthly...

Court Disposition

Marriage dissolved by way of Khul'u; custody of children to applicant; maintenance awarded.

Orders

  • The marriage is hereby dissolved as requested by the applicant in the way of Khul'u.
  • Divorce certificate to be issued on 16th April 2016.