RJ v BOB [2018] KEKC 26 (KLR)

REPUBLIC OF KENYA

IN THE KADHIS COURT AT KISUMU

DIVORCE CAUSE NO 16 OF 2018

RJ................................    APPLICANT

VERSES

BOB…..........………….......RESPODENT

JUDGEMENT

This divorce  matter was filed on 26th   JUN, 2018. The applicant    prayed for :

Dissolve of  marriage .

The Proceedings of this suit 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 . The applicant said that the respondent faild to pay home maintenance and is addicted to chewing  Miraaa. In addition on that the respondent has  denied   her conjugal rights for lengthy periods .Thes reason caused the applicant to file the suit before this court. She views that this marriage has lost meaning and failed. this dispute has been brought before elders for reconciliation but they are not success.

I have noted the issue clearly and I found that the respondent failed to appear before this court. Upon hearing, applicant herein the matters to be determined IS:

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

Upon cross examination by court the applicant said she doesn,t love her husband.

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(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:

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

2-  Divorce certificate to be issued today

3- That the applicant should wait for   eddah   period of three months starting from today 7th th AUGST 2018.

This is orders of this court

R/A   30 days

Delivered in court is 7th day of June   2018 in the presence of

Court assistant Guracho Abdullah.

Plaintiff

Respondent.