FAM v JOA [2016] KEKC 3 (KLR)

**REPUBLIC OF KENYA** **IN THE KADHIS COURT AT KISUMU** **DIVORCE CASE NO 13 OF 2015** **FAM......................APPLICANT** **JOA.....................RESPODENT** **JUDGEMENT** In this divorce cause dated I3th OCT. 2015 the petitioner prayed for: 1- DISSOLUTION OF THE MARRIAGE 2-CUSTODY AND MAINTENANCE OF THE CHILDREEN 3- PAYMENT OF THE BALANCE OF THE MAHRI 4- COMPENSATION FOR RENT ,SCHOOL FEES AND MAINTENANCE SINCE THE YEAR 2002 TO DATE The proceeding of this case proceeded ex parte the applicant sought that The respondent deserted his family thirteen years ago he has never returned no communication and does not send money. the applicant sought that she informed the respondent mother and his brothers about this matter, but they told her to look for ways to take care her children. She has two children DK and A. DK finished secondary level while A finished primary in the last year. I have noted the issue clearly and I found that the view of the evidence adduced by the applicant it is evident that this marriage is not worthily according the Holy Quran and the hadith of prophet S.A.W on this bases I hereby order that: 1- this marriage is dissolved on condition that the applicant should wait for the eddah period three months. 2\- divorce certificate to be issued on 19th April 2016 3- custody of the children is given to the plaintiff and the respondent shall have reasonable access to them. 4- It is compulsory for the respondent to pay ksh 1000 as the payment of the dowry within 25 days from today 19th JAN 2016. 5- It is compulsory for the respondent to pay kshs. 13300/= as maintenance for his children monthly effect from JAN 2016. These are order of this court. **R/A 30 days** **delivered this on 19 th JAN 2016** **inthe present:** **Mursal M Sizi Kadhi** **C/A Rehema Akidah**