X M C v S H A (Civil Case 276 of 2015) [2016] KEKC 36 (KLR) (28 April 2016) (Judgment)
- Court
- KEKC
- Case number
- 36
- Citation
- [2016] KEKC 36 (KLR)
- Decided
- 28 April 2016
The court finds that the defendant has abdicated his martial responsibilities and that Islamic law obligates the husband to provide for his family.
Facts
The plaintiff, X M C, claims the defendant, S H A, has refused to provide for her as a legal wife. They were married under Islamic law on September 4, 2007, and have no children. The defendant, S H A, is a national of the United Kingdom and works freelance. The plaintiff, X M C, is a retail manager. They met in Abu Dhabi, and the defendant proposed and married the plaintiff in Kenya. The defendant did not get full-time employment.
Issues
- Whether the plaintiff is entitled to divorce due to the defendant's refusal to provide for her as a legal wife
Reasoning
The court relies on Islamic law, which states that men are obligated to provide for their families. The defendant's refusal to contribute financially and take care of his marital responsibilities is found to be a breach of this obligation.
Outcome
The court grants the plaintiff's prayer for dissolution of the marriage and issuance of a divorce certificate.
Orders
- Dissolution of the marriage and issuance of a divorce certificate
Authorities cited
Legislation (1)
- Islamic law
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