FAM v JOA [2016] KEKC 3 (KLR)

REPUBLIC OF KENYA

IN THE KADHIS COURT AT KISUMU

DIVORCE CASE NO 13 OF 2015

FAM......................APPLICANT

JOA.....................RESPODENT

JUDGEMENT

In this divorce cause dated I3th   OCT. 2015 the petitioner prayed  for:

1- DISSOLUTION  OF THE MARRIAGE

2-CUSTODY AND MAINTENANCE OF THE CHILDREEN

3- PAYMENT OF THE BALANCE OF  THE MAHRI

4- COMPENSATION FOR RENT ,SCHOOL FEES  AND MAINTENANCE  SINCE THE YEAR 2002 TO DATE

The  proceeding  of this case  proceeded ex parte  the applicant sought  that The respondent deserted his  family thirteen  years ago  he has never returned no  communication and does not send money.

the applicant sought that she informed the respondent mother and his brothers about  this matter, but they told her to look for ways to take care her children.

She has two children DK and A. DK finished secondary level   while A finished  primary in the last year.

I have noted the issue clearly and  I  found that  the view  of the evidence  adduced by the applicant it is evident  that this marriage is not worthily   according the Holy Quran  and the hadith of prophet  S.A.W on this bases I hereby order that:

1- this marriage is dissolved  on condition that the applicant should wait  for the eddah  period  three months.

2-divorce  certificate  to be issued  on 19th    April   2016

3- custody of the children is given to the plaintiff and the respondent shall have reasonable access to them.

4- It is compulsory for the  respondent  to pay ksh 1000 as the  payment of the dowry within  25 days from today 19th  JAN 2016.

5- It is compulsory for the  respondent  to pay kshs. 13300/= as maintenance for his children monthly effect from JAN  2016.

These are order of this court.

R/A 30 days

delivered this  on  19 th  JAN 2016

inthe present:

Mursal  M Sizi Kadhi

C/A   Rehema Akidah