FBS v AYG [2018] KEKC 18 (KLR)

**_REPUBLIC OF KENYA_** **_IN THE KADHIS COURT AT GARSEN_** **_DIVORCE CASE NO 72 OF 2017_** **FBS.....................APPLICANT** **VS** **AYG..................RESPODENT** **JUDGEMENT** In this divorce case dated 13th OCTOBER. 2017 the petitioner prayed for: 1- Dissolution of marriage. 2- Divorce certificate to be issued. The Proceeding of this suit proceeded ex parte the applicant sought that: the respondent deserted his family since 2013, he doesn’t communicate with her. Many efforts to bring him back failed. The applicant has been forced to work extra hard to put food on the table for her two children. To support the issue the applicant availed two witness whom testified confirming the applicant’s claim namely: Said wary and Abdala turey . The witnesses certified that what the applicant said is the truth. The applicant produced the letter from the chief area showing that the husband has bordered her for almost four years. Upon hearing, applicant herein the matter to be determined is: Is the honorable court entitled to dissolve the marriage as per applicant's prayers? It is clear to this court that The view of the evidence adduced by the applicant it is evident that this marriage is not worthily according to the Holy Quran and the Hadith of prophet SWALLAH ALLAHU ALLYHE WASALLAM .Allah saying in the holy al Qur’an surat arum verses 21(?????? ???????? ???? ?????? ?????? ???? ???????????? ?????????? ???????????? ????????? ???????? ?????????? ????????? ?????????? ????? ??? ?????? ???????? ???????? ??????????????) meaning : Among His proofs is that He created for you spouses from among yourselves, in order to have tranquility and contentment with each other, and He placed in your hearts love and care towards your spouses. In this, there are sufficient proofs for people who think.) The prophets swalla ALLHU aleyhi wasalam said: (???? ??????????? ????? ???????? ????????????? ????? ??????????? - ???? ??????????? - ????? ???????? ????????? ????? ????????? ????? ???????? ?????? ??? ????????? ».) meaning : You feed her when you eat and cloth her when you cloth yourself and not hit her on her face and do not say may ALLAH deface you. And do not keep away from her except in the home. On this basis I hereby order that: 1- This marriage is hereby dissolved as requested by the applicant. 2- That the applicant should wait for eddah period of three months starting from today 9th January 2018. 2 Divorce certificate to be issued today. This is orders of this court R/A 30 days **Delivered in court is day of 9th January 2018 in the presence of** **Mursal M Sizi kadhi** Court assistant Boy Mkonoh Plaintiff Respondent