RO v WA [2014] KEKC 5 (KLR)

RO v WA [2014] KEKC 5 (KLR)

REPUBLIC OF KENYA

IN THE KADHIS COURT AT KISUMU

DIVORCE CASE NO 19 OF 2014

RO........................................................................APPLICANT

VERSUS

WA......................................................................RESPODENT

RULING

In this divorce cause dated 25th JUNE 2014 the petitioner prayed  for :

a -DIVORCE

b - custody of the child  as the mother has reverted to Christianity and cannot bring up his Muslim child Islamic ally.

c - Respondent to be restrained permanently from interfering with his life and stop threatening him.

The petitioner alleged  that the respondent has denounced  Islam and  attends a church in kisumu  .also the respondent has severally abandoned her matrimonial house for a long periods of time and whenever she came back  and apologies . the petitioner has always forgiven her as per his allegation.

on the other hand the respondent has not denied petitioner's allegations regard has revert Islam and attends a church as she has not denied  about abandoning  her matrimonial house for a long periods .

she complained that  cannot give the petitioner her child  because the children  need both parents  addition to that   the two children   love each other  and they cannot separate.

I have noted the issue clearly  and  I found that the petitioner has not paid the dowry  of  ksh 1500 and he admitted  on that.

looking to  the respondent's financial status very low she  cant  maintain  and educate  two children .

on this basis the view of this court is as follows:

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

2 - It is compulsory for the  aplicant  to pay ksh 5000/= as the dowry within  30 days from today  3rd December  2014.

3 - custody of the  second child is given to the plaintiff and the respondent shall have reasonable access to him .

4-  the first child is not a liability on the plaintiff.

R/A   30 days

delivered  in court is 3rd day of  December 2014 

in the presence of

Mursal  M Sizi     kadhi

Court assistant Rehema Akidah

plaintiff

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