SM v JHA [2017] KEKC 4 (KLR)

REPUBLIC OF KENYA

IN THE KADHI’S COURT AT GARSEN

DIVORCE CASE NO 57. OF 2017

1. SM...................APPLICANT

versus

2. J HA............RESPONDENT

In this divorce case dated 25TH  SEPTEMBER, 2017 the petitioner prayed for:

1- Dissolution of the marriage.

2- Payment of dowry.

The Proceeding of this suit proceeded ex parte. The applicant alleged that the respondent has been very irresponsible and failed to provide maintenance. His cruelty lead to assault and disrespect .For this reason, the applicant decided to leave her matrimonial home for over 5 years there is no communication. In her views this marriage has lost meaning and failed. To support the applicant produced the letter from chef area shows that He knows the Issue clearly and tried to solve it but not successful and lastly direct them to this Honorable court.

According to Islamic jurisprudence: (??? ??????? ???? ?? ??? ??????? (meaning : it is  better  to prevent  a problem  than to expect  a good .prevention   is better than cure.  On this basis, the view of the evidence adduced by the applicant is evident that this marriage is not worthily   according the Holy Quran and the hadith of prophet s.a.w.

1. This marriage is dissolved on FASKH GRAOUND on condition that the applicant should wait  for the eddah  period  of three months.

2. Divorce certificate to be issued today.

3. It compulsory for the respondent to pay 4 cows as payment of dowry within 30 days.

4. It compulsory for the respondent to pay 1 cow as Eddah maintenance within 30 days.

Read and delivered this..31ST ...day of OCTOBER.2017 in the presence

Kadhi Mursal Mohamed

Court Assistant Goracho Abdallah.