S T M v R M D (Civil Case 202 of 2015) [2015] KEKC 41 (KLR) (22 October 2015) (Judgment)
- Court
- KEKC
- Case number
- 41
- Citation
- [2015] KEKC 41 (KLR)
- Decided
- 22 October 2015
The second marriage is declared null and void, and the marriage certificate is cancelled. The defendant is ordered to pay damages and costs.
Facts
The plaintiff, S T M, claims the defendant, R M D, deserted the matrimonial home and unlawfully married another man while still wedded to him. The defendant claims the plaintiff never respected her, left her without maintenance for long periods, and refused to grant her divorce.
Issues
- The legality of the second marriage
- Whether or not the defendant should be ordered to return to the matrimonial home
Reasoning
The court found that the defendant lied about her marital status and married another man, which is illegal under Islamic law. The plaintiff is ordered to return to the matrimonial home, but the court lacks jurisdiction to punish the defendant for the criminal act.
Outcome
The defendant's second marriage is declared null and void.
Orders
- The second marriage is declared null and void.
- The marriage certificate is cancelled.
- The defendant is ordered to pay damages and costs.
Remedies
- Damages and costs
Authorities cited
Legislation (1)
- Islamic law
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