NKN v HA & AAA [2016] KEKC 10 (KLR)

REPUBLIC OF KENYA

IN THE KADHIS COURT AT WAJIR

DIVORCE CASE NO 85 OF 2015

NKN...................................APPLICANT

HA...........................1STRESPONDENT

AAA.......................2ND RESPONDENT

JUDGEMENT

In this divorce cause dated 2nd JUNE 2015 the applicant  prayed  for :

a) divorce and payment of dowry

b) maintenance

c) custody of the children  be granted to the applicant.

The applicant alleged that the respondent has been very irresponsible denied  her conjugal right for length periods.

The applicant claimed that her father in law (father's respondent) was having sexual affairs with her . when her husband  is out for animal grazing .  The father in law using to threat her life  was using  this as an advantage  until the wife  she delivered   2 kids namely  M and L.

The applicant stated that she informed the respondent about the issue but the respondent  replied that the applicant  wants to shame his father and he does not  believe it .

The applicant  informed the elders area. the  elders   Ruled on    that : (1)the father in-law  to  pay the plaintiff  the total of 60,000/=

(2) The marriage between the  applicant and respondent be dissolved.

(3) The father  in law to transfer a thatched grass house to the area of applicant.

to support the issue the  applicant  availed one wetness namely Am  (Applicant's mother)  she testified confirming the petitioner’s claim.

On the other hand the 1st respondent denied the petitioner's allegations in particular denied that :he has denied the applicant her conjugal right for length period, and he  does not  believe that if his father can do sexual affairs with her.

The respondent stated that The applicant is disobedient she is not follow his instruction she was going to town without permission , addition to that she loves a person who has a car. For this reason want to dissolve her marriage.

The 2nd respondent denied all the applicant's allegation while at same time he deny that he has sexual  with the applicant,and what had been done by the elders  Was not fair.

I have noted the issue clearly and I found that the 2nd respondent(Father-in-law)  has been  problem in this marriage. Regard those elder people surely they cannot charged father in-law to pay 60000 for something he didn't do, this remarks shows something wrong has been done by father in law.

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  SWALLAH ALLAHU ALLYHE WASALLAM .

Concerning the Custody and maintenance  of the children.

the  Islamic Shariah  has  ordered  that the  custody of the children is  responsibility of the mother  if the husband pays  the maintenance for his  children. as clear in the holy Qur'an  chapter 2 verse 233( upon the father is mothers' provision and their clothing  according to what  is acceptable)

this  if the applicant has not yet marry.

On this bases I hereby order that:

1- This marriage is hereby dissolved  as  requested by the Applicant in the way of KHULUU on condition that the applicant should wait  for the

2-divorce  certificate  to be issued  on 16th 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 1st respondent  to pay ksh 9000/=  monthly as Maintenance of the children.

These are orders of this Court.

R/A- 30 Days

read and delivered this 16th  day of MARCH 2016 in the presence of  Mursal. M . Sizi ------ Kadhi 11

court asistant--------- Fatma

Applicant  and Respondent.