G R v I M [2015] KEKC 35 (KLR)
- Court
- KEKC
- Case number
- 35
- Citation
- [2015] KEKC 35 (KLR)
The court grants the Petitioner a decree of restitution of conjugal rights and orders the Respondent to rejoin the company of the Petitioner at her matrimonial home. The court also grants the Petitioner the right to visitation and access of the child.
Facts
The Petitioner and Respondent were married under Islamic law on December 7, 2012. They have a 2-year-old child. The Petitioner claims the Respondent deserted the matrimonial home without his consent and neglected her marital responsibilities.
Issues
- Marriage status
- Conjugal rights
- Child custody and visitation
Reasoning
The court finds that the Respondent has deserted the Petitioner without lawful reason and has failed to perform her marital obligations. The court grants the Petitioner's request for restitution of conjugal rights.
Outcome
In favor of the Petitioner
Orders
- Order for restitution of conjugal rights
- Order for the Respondent to rejoin the company of the Petitioner at her matrimonial home
- Grant of visitation and access to the child
Remedies
- Restitution of conjugal rights
- Child custody and visitation
Authorities cited
Cases cited (1)
- Moonshee Buzloor Ruheem v. Shamsoonnisa Begum, (1866-67) 11 Moo Ind App 551(PC)
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