AAR v AHA [2014] KEKC 2 (KLR)

AAR v AHA [2014] KEKC 2 (KLR)

REPUBLIC OF KENYA

IN THE KADHIS COURT AT KISUMU

 DIVORCE CASE NO 26 OF 2014

AAR.................... PLAINTIFF

VS

AHA..............RESPONDENT

JUDGEMENT

This divorce  matter  was filed on  19th   August 2014  the plaintiff prayed for:

1-divorce.

2- payment of the dowry in installment

The plaintiff complained that: their marriage  has  taken only one month  but the respondent  had started  communicating with  her ex boyfriends. In addition on that the respondent  neither respect  the plaintiff nor  his parent.

The plaintiff alleged that the respondent  used to sent  obscene massages to her previous boyfriend even after knowing that  she is already married  and ought  to respect her marriage. On this basis he does not trust her .

On the other hand the respondent agreed  the plaintiff 's allegations .In particular she agreed that she was communicating with  her ex boyfriends namely parish but lastly she told him that  she was married and she didn't  want to  continue  with the relationship with him. then she apologized  but the plaintiff  refused.

To support the matter the plaintiff  availed one  witness namely  adam who testified confirming the petitioner’s claim in respect of the  issue

as the respondent  availed one  witness namely  hamida  hasan who testified confirming the defendant’s claim .

I have noted the matter clearly and I found that the respondent was  divorced by the plaintiff  on 12th august 2014.and there is dispute  on  home properties .The  D W 1  alleged  that  the plaintiff's father  promised to buy  all that needed  in  the respondent house.

P W 1 is the father of the plaintiff denied the claim that he had promised to buy furniture but instead that he had promised to buy utensils for the defendant.

upon hearing both parties herein and their witnesses the matters to be determined are :

(a) Is the honorable court entitled to dissolve the marriage as per plaintiff's prayers.?

(b) is the respondent entitled to pay 60000 thousand as  balance of her dowry.

(c)Is the respondent  entitled to edda maintenance ?

(d) who is owner of the furniture?

 Returning to issue (a)  It is clear to this court that the respondent was divorced by the plaintiff on 27th august 2014.

Referring to issue( b) According to Islamic law the respondent entitled to be paid balance of dowry totally 60000  as  stated in the holy Quran chapter 4 verse 4 (and give the woman upon marriage their bridal graciously)

Back to issue (d) . According to Islamic jurisprudence  the plaintiff is entitled to eddah maintenance if  the husband divorces her as  clearly stated in the holy Quran chapter 65 verse 7(let  man of wealth  spend from his  wealth, and  he whose  provision  is restricted let him  spend from what  Allah has given him)

Referring to issue(e) The properties which the defendant is claiming (bed mattress TV sheets and dressing) belong to the plaintiff because she did not produced any document to proof her claim the furniture was given to her  as present by the plaintiffs sitters.

On this basis I hereby order that:

1- this marriage is dissolved  by the plaintiff.

2- that the applicant should wait  for the eddah  period  of three months from 20 UGUST  2014  to 21 November 2014.

3- Divorce  certificate  to be issued  on 21st  November 2014 .

4-The   plaintiff  to pay ksh. 60000/= in  installments of  7500 monthly through this court.

5-The plaintiff to pay the respondent  Ksh. 27000/= as eddah maintenance  after completing payment of  the dowry in  installments of  7500 monthly through this court .  .

6-couserning  property status quo to remain ..

7- the plaintiff to identify  a doctor and take the defendant for pregnancy test immediately and file the result .

these are orders of this court.

These are orders of this  court.

R/ A -30 days.

Read and delivered this...21st day of AUGUST, 2014 in the presence of;

Mursal.M.Sizi---------kadhi

court Assistant-----Rehema Akidah

- petitioner.

- respondent

▲ To the top