[2014] KEKC 5 (KLR)
The court found that the respondent had not contested the applicant's allegations of abandonment and religious conversion, both of which are grounds for dissolution of marriage under Islamic law. The applicant admitted to not having paid the agreed dowry, and the court ordered its payment as a condition of the...
Source-derived case information.
- Citation
- [2014] KEKC 5 (KLR)
- Parties
- Applicant: RO; Respondent: WA
- Court
- Kadhis Courts
- Court Station
- Kadhis Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 19 of 2014
- Procedural Posture
- Divorce Petition / Ruling
- Outcome
- Marriage dissolved; custody of second child to applicant; dowry to be paid; respondent granted access.
- Legal Topics
- Divorce, Child Custody, Dowry Payment
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
RO
Applicant
WA
Respondent
Procedural Posture
Divorce Petition / Ruling
Legal Issues
- 1 Whether the marriage should be dissolved due to the respondent's alleged abandonment and conversion from Islam.
- 2 Whether the applicant is entitled to custody of the second child given the respondent's religious status and financial capacity.
- 3 Whether the applicant is required to pay outstanding dowry to the respondent.
Ratio Decidendi
The court found that the respondent had not contested the applicant's allegations of abandonment and religious conversion, both of which are grounds for dissolution of marriage under Islamic law. The applicant admitted to not having paid the agreed dowry, and the court ordered its payment as a condition of the divorce. Considering the respondent's limited financial means and inability to maintain and educate both children, custody of the second child was granted to the applicant, with reasonable access to the respondent. The first child was not made a liability of the applicant. The court's decision was guided by Islamic family law principles regarding marriage dissolution, child custody,...
Court Disposition
Marriage dissolved; custody of second child to applicant; dowry to be paid; respondent granted access.
Orders
- The marriage is hereby dissolved as requested by the petitioner.
- The applicant is to pay KES 5000 as dowry within 30 days from 3rd December 2014.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE KADHIS COURT AT KISUMU
DIVORCE CASE NO 19 OF 2014
RO........................................................................APPLICANT
VERSUS
WA......................................................................RESPODENT
RULING
In this divorce cause dated 25th JUNE 2014 the petitioner prayed for :
a -DIVORCE
b - custody of the child as the mother has reverted to Christianity and cannot bring up his Muslim child Islamic ally.
c - Respondent to be restrained permanently from interfering with his life and stop threatening him.
The petitioner alleged that the respondent has denounced Islam and attends a church in kisumu .also the respondent has severally abandoned her matrimonial house for a long periods of time and whenever she came back and apologies . the petitioner has always forgiven her as per his allegation.
on the other hand the respondent has not denied petitioner's allegations regard has revert Islam and attends a church as she has not denied about abandoning her matrimonial house for a long periods .
she complained that cannot give the petitioner her child because the children need both parents addition to that the two children love each other and they cannot separate.
I have noted the issue clearly and I found that the petitioner has not paid the dowry of ksh 1500 and he admitted on that.
looking to the respondent's financial status very low she cant maintain and educate two children .
on this basis the view of this court is as follows:
1- This marriage is hereby dissolved as requested by the petitioner.
2 - It is compulsory for the aplicant to pay ksh 5000/= as the dowry within 30 days from today 3rd December 2014.
3 - custody of the second child is given to the plaintiff and the respondent shall have reasonable access to him .
4- the first child is not a liability on the plaintiff.
R/A 30 days
delivered in court is 3rd day of December 2014
in the presence of
Mursal M Sizi kadhi
Court assistant Rehema Akidah
plaintiff