FHB v MH [2017] KEKC 6 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE KADHIS COURT AT GARSEN
CIVIL CASE NO 42 OF 2016
FHB............APPLICANT
VS
MH..............RESPODENT
JUGMENT
In this civil case dated6th SEPTERMBER 2016 the plaintiff prayed for judgment against the defendant for:
1- To urge the respondent to change his behaviors.
2- The expensive (medical bill)to be compensated.
The plaintiff sought that her life with the respondent has never been a bed of roses as he has been very cruel abusive .He has been very irresponsible failed to provide maintained, addition to that She became sick and was treatment at hospital more than three days the respondent refused to pay medical bill.
On other hand the respondent denied all the applicant's allegations for instant there is no any information about miscarriage any incidence of violence inhumanity and abusive. The respondent sought that the applicant has been asking for and demanding is divorce of which she has not been granted .
None of the parties asked for dissolve of the marriage. looking for their interest the honorable court advised them to go for reconciliation for one month , but they were not to success .
concerning the dowry the respondent alleged that he has paid 22000 thousand trough applicant's uncle and the balance is 1300. looking side of applicant said that she received two thousand only from the respondent ,she doesn't know about 22000/= as mentioned by respondent. although the applicant giving up from the amount(22000/=).
Referring to issue of their marriage I have noted the issue clearly and found that this marriage is not worthly acorin to the holy quran and the hadith of prohet mohamad swalla ALLAHU alayhi waslm .
on this basis I hereby order that this marriage is dissolved (??? ??????) on condition that :
1- The applicant should wait for the Eddah period of three months.
2- it is copiously for the respondent to pay 28000 thousand as balance of dowry within three months from today.
3- divorce certificate to be issued on 25th January 2017.
This are orders of this court.
R/A 30 days
delivered in court is 25th day of January 2017 in the presence of :
Mursal M Sizi kadhi.
Court assistant Goracho Abdallah.
plaintiff .
respondent.