FBS v AYG [2018] KEKC 18 (KLR)

REPUBLIC OF KENYA

IN THE KADHIS COURT AT GARSEN

DIVORCE CASE NO 72 OF 2017

FBS.....................APPLICANT

VS

AYG..................RESPODENT

JUDGEMENT

In this divorce case dated 13th   OCTOBER. 2017 the petitioner prayed for:

1-  Dissolution of marriage.

2-  Divorce certificate to be issued.

The Proceeding of this suit proceeded ex parte the applicant sought that: the respondent deserted his family since 2013, he doesn’t communicate with her. Many efforts to bring him back failed.  The applicant has been forced to work extra hard to put food on the table for her two children.

To support the issue the applicant availed two witness whom testified confirming the applicant’s claim namely:  Said wary and Abdala turey . The witnesses certified that what the applicant said is the truth. The applicant    produced the letter from the chief area showing that the husband has bordered her for almost four years. Upon hearing, applicant herein the matter to be determined is:

Is the honorable court entitled to dissolve the marriage as per applicant's prayers?

It is clear to this court that The view of the evidence adduced by the applicant it is evident  that this marriage is not worthily   according to the Holy Quran  and the Hadith of prophet  SWALLAH ALLAHU ALLYHE WASALLAM .Allah saying in the  holy al Qur’an  surat arum verses 21(?????? ???????? ???? ?????? ?????? ???? ???????????? ?????????? ???????????? ????????? ???????? ?????????? ????????? ?????????? ????? ??? ?????? ???????? ???????? ??????????????)  meaning : Among His proofs is that He created for you spouses from among yourselves, in order to have tranquility and contentment with each other, and He placed in your hearts love and care towards your spouses. In this, there are sufficient proofs for people who think.)

The prophets swalla ALLHU aleyhi wasalam said: (???? ??????????? ????? ???????? ????????????? ????? ??????????? - ???? ??????????? - ????? ???????? ????????? ????? ????????? ????? ???????? ?????? ??? ????????? ».)  meaning : You feed her when you eat and  cloth her when you cloth  yourself  and not hit her on her face  and  do  not say  may ALLAH deface you. And do not keep away  from her  except in the home.

On this basis I hereby order that:

1- This marriage is hereby dissolved as requested by the applicant.

2- That the applicant should wait for   eddah   period of three months starting from today 9th January 2018.

2   Divorce certificate to be issued today.

This is orders of this court

R/A   30 days

Delivered in court is     day of 9th January   2018 in the presence of

Mursal   M  Sizi     kadhi

Court assistant Boy Mkonoh

Plaintiff

Respondent