MGD v MKB [2017] KEKC 9 (KLR)

**_REPUBLIC OF KENYA_** **_IN THE KADHI’S COURT AT GARSEN_** **_DIVORCE CASE NO 44. OF 2017_** **1\. MGD.......................................................................APPLICANT** **VERSUS** **2\. MKB......................................................................RESPODENT** _**JUDGMENT**_ In this divorce case dated 23rd JULY, 2017 the petitioner prayed for: 1- Dissolution of the marriage. 2- Payment of dowry. The Proceeding of this suit proceeded ex parte. The applicant alleged that the respondent has been very irresponsible and failed to provide maintenance. His cruelty lead to assault and disrespect . For this reason, the applicant decided to leave her matrimonial home for over 9 months. In her views this marriage has lost meaning and failed. To support the issue the plantiff availed 1 witness namely: GD. The witness testified confirming the petitioner’s claim concerning the issue stressing that what the applicant said was true. In addition dispute this has been brought before area elders for reconciliation but was not successful because of the defendant’s absence. thus, the applicant decided to file this case before this court. I have noted the issue clearly and I found that the respondent would not appear before this court. Upon hearing, applicant herein the matters to be determined are: (a) Is the honorable court entitled to dissolve the marriage as per applicant's prayers? (b) Is the plaintiff entitled to dowry of two cows? returning to issue(a ) It is clear to this court that the view of the evidence adduced by the applicant it is evident that this marriage is not worthy according to the Holy Quran and the Hadith of prophet SWALLAH ALLAHU ALLYHI WASALLAM .Allah says in the holy al Qur’an surat arum verses 21(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.) **??? ??? ????? ??? ?????? ??? ??? : ??? ???? ?????? ????? ????? ???????? ??????? : « ?? ???????? ???????? ?????????? ???? ????? ????? ?????? ????? ?????? ????? » ???? ????? : « ??????? » ???? ????.** Abu Hurairah (May Allah be pleased with him) reported: Messenger of Allah (PBUH) said, "A believer must not hate (his wife) believing woman; if he dislikes one of her characteristics he will be pleased with another"[Muslim]. **Commentary:** This Hadith also contains a very wise counsel for a happy married life. It tells us that every person has certain good qualities as well as some shortcomings. Man has been advised to overlook the shortcomings that he does not like in his wife and appreciate her good qualities. Similarly, a woman is advised to ignore the shortcomings of her husband and admire his good qualities. Back to issue (b), Payment of the dowry 2 heads of cows. According to Islamic law, the husband to pay dowry as per consent between them about it as clearly in 4/4 (‘and give women their dowries as a free gift’). But if they of themselves be pleased to give you a portion thereof, consume it with enjoyment and pleasure) But unfortunately the respondent has not yet paid full. On this basis I hereby order that: 1- This marriage is hereby dissolved as requested by the applicant on Faskhu ground. 2- That the applicant should wait for eddah period of three months starting from today 22nd August 2017. 3 – Divorce certificate to be issued today 22nd August 2017. 3- It is compulsory for the respondent to pay (2 cows) as the dowry within 30 days from today 22nd August 2017. These are order of this court. **Read and delivered this 24 th day of JULY 2017** in the presence Kadhi Mursal Mohamed Court Assistant Goracho Abdallah.