ZAO v AAH [2016] KEKC 5 (KLR)

REPUBLIC OF KENYA

IN THE KADHIS COURT AT WAJIR

DIVORCE CASE NO 127 OF 2016

1.  ZAO.........................APPLICANT

VERSES

2.  AAH........................RESPODENT

In this divorce cause dated 18th JUL 2016 the petitioner prayed for :

1- Dissolution of the marriage .

2- Payment of  dowry.

2- maintenance .

3- custody of the children  be granted to the applicant .

The applicant claim that : their marriage  was blessed with one child  namly J 9 months old.

The plaintiff claims were that :confirms that  her life with the respondent  has never  been a bed of roses as he has been very cruel abusive assaulting her in presence of his mother for this reason the applicant decided to leave her matrimonial home.

The petitioner availed 3 witnesses .namely (1) ZZ

(2)  N (3) FA they testified confirming the petitioner’s claim  concerning  the issue Stressing that what the applicant said   was the true .

On the other hand the respondent sought that : he disagree with his wife and he was not ready to divorce her because He still love her. According  to Islamic jurisprudence  (??? ??????? ???? ?? ??? ???????) meaning : it better  to prevent  a problem  than to expect  a good on this basis  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  s.a.w.

I have noted that the applicant willing  to forfeit her dowry  in order to secure divorce  that is permissible according to Islamic law as clearly  in cherbter 2 vers 22 . On this basis  I hereby  dissolve this marriage on khului  ground  on condition that:

1- The applicant to wait for eddah peirod of one month .

2- divorce certificate to be issued  12th September 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  respondent  to pay kshs. 3000/= as maintenance for his child monthly effect from 5th SEPTEMBER   2016.

These are orders  of this court.

R/A 30 days

delivered this  on  11 th  August 2016

in the present:

Mursal  M Sizi Kadhi

C/A   Ganyure