HAH v IHD [2018] KEKC 13 (KLR)

REPUBLIC OF KENYA

IN THE KADHI’S COURT AT GARSEN

DIVORCE CAUSE NO .06 OF 2018

HAH.................................................................APPLICANT

VERSUS

IHD.................................................................RESPODENT

In this divorce case dated 15th FEBRUARY, 2018 the applicant prayed for:

Dissolution of the marriage.

The Proceeding of this suit proceeded ex parte. The applicant alleged that the respondent has been very irresponsible and failed to provide maintenance. The respondent deserted the matrimonial home for over 2 years and has not turned back, nor communicated to his family. They were blessed with 2 children. She views that this marriage has lost meaning and failed.

To support the issue the applicant produced 2 letters from chief area and assistant registrar, shows that the chief area and the assistant registrar they  know the Issue clearly,on their side they  tried to reach her husband to solve the problem   but  it didn’t work and  lastly  they direct her to come  this Honorable court..

On other hand the respondent failed to appear before this court. Instead of that 2 respondent’s brothers agreed on that, their brother disserted his family over 2 years and their effort to reach him was not successful. 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 holyQur’an Surat Arum verses 21“(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.)”

On this basis I hereby order that:

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

-That the applicant should wait for   eddah   period of three months starting from today 6th March2018.

-Divorce certificate to be issued today.

This is orders of this court

R/A   30 days

Delivered in court is day of 6th March 2018

in the presence of:-

Mursal Mohamed Sizi(Kadhi

Boy mkono (court Assistance)

Plaintiff