SS v MS [2014] eKLR

SS v MS [2014] eKLR

REPUBLIC OF KENYA

IN THE KADHIS COURT AT KISUMU

DIVORCE CASE NO 27 OF 2014

S S  ..................................... APPLICANT

VS

M S...............……… ........RESPODENT

JUDGEMENT

In this divorce cause dated 4th   Feb. 2014 the petitioner prayed  for:

1- Dissolution of marriage

2-Custody and maintenance  of the children

3-Dowry(furniture)

The Proceeding of this suit proceed ex parte the applicant sought that: the respondent deserted his family since 20th  September 2013  till  now . She has been forced to work extra hard to  put food on the table for her three children . in addition on that the respondent has  denied   her conjugal rights for lengthy periods .

The petitioner alleged that  the respondent has refused to divorce her doesn't  sent any masruf and doesn't even call to know how his family is doing .

upon hearing the petitioner herein the mater to be determine are (a) is the honorable court entitled to dissolve the marriage as per petitioner's prayers?

b) Custody and maintenance  of the children returning to issue (a) is the honorable court entitled to dissolve the marriage as per petitioner's prayers it is clear to this court. that the petitioner asked her divorce  and the respondent refused to divorce her as clearly in the petition in addition on that the respondent has been  irresponsible till now . 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 is1662 evident  that this marriage is not worthily   according the Holy Quran  and the hadith of prophet  s.a.w

Back to issue(b) Custody and maintenance  of the children the  Islamic sharia -    has  ordered  that the  custody of the children is  responsibility of the mother  if the husband pays  the maintenance for her and his children. as clear in the holy Qur'an  chapter 2 verse 233( upon the father is mothers' provision and their clothing  according to what  is acceptable) on this basis I hereby order that:

1- that the applicant should wait  for the eddah  period  of three months

2- Divorce  certificate  to be issued  on 12th    august  2014

3- custody of the children is given to the plaintiff and the respondent shall have access to them.

4- It is compulsory for the  respondent  to pay ksh 6000/= as maintenance for his children monthly effect from may 2014 .

these are orders of this court

R/A   30 days

delivered  in court is 12th   day  of  may 2014  in the presence of

Mursal  M Sizi     kadhi

 Rehema Akidah  c/clerk

plaintiff 

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