KKB v AS [2018] KEKC 25 (KLR)

REPUBLIC OF KENYA

IN THE KADHIS COURT

AT GARSEN

DIVORCE CASE NO 2 OF 2018

KKB..........................................................APPLICANT

Verses

AS..........................................................RESPONDENT

RULING

This divorce matter was decided on 23RD JANUARY 2018 the applicant prayed for :

1- Dissolution of marriage.

2- Payment of dowry (4 cows)

The application of this applicant proceeded ex parte the applicant sought that:

The respondent has been very irresponsible, that he never provides home maintenance . In addition to that he is very cruel, abusive, assaulting This reason caused the applicant to leave her matrimonial home to her parents since five months ago.

The applicant clime that the respondent refused to pay the dowry of 4 cows.

To support the issue the applicant availed one witness who testified confirming the applicant’s claim said that the respondent failed to pay hospital bill of KSH 40000/= He is only one help her to pay it and provide her food and maintenance.

I have noted the issue clearly and I found that the side of respondent has been the problem in this marriage for the following reason :

1- they failed to appear before this court without reason

2- That the evidence from witness is very clear that the respondent got mad

3- He has been asulting the plantiff as clearly indicated in The treatment notice.

1 - This marriage is dissolved on faskhu ground as requested by the applicant on condition that :

a) The applicant should wait for eddah period of three months from today.

b) Divorce certificate to be issued today.

2- The respondent to pay the plaintiff 4 cows as dowry within 3 months from today.

This is orders of this court

R/A 30 days

Delivered in court is day of 27 th FEB 2018 in the presence of

Mursal M Sizi kadhi

Court assistant Guracho Abdallah

Plaintiff

respondent