SM v JHA [2017] KEKC 4 (KLR)
- Court
- KEKC
- Case number
- 4
- Citation
- [2017] KEKC 4 (KLR)
The marriage is dissolved on FASKH GRAOUND on condition that the applicant should wait for the eddah period of three months. A divorce certificate is to be issued today. The respondent is to pay 4 cows as payment of dowry within 30 days and 1 cow as Eddah maintenance within 30 days.
Facts
The applicant, SM, alleged that the respondent, J HA, was irresponsible, failed to provide maintenance, and was cruel, leading to an assault and disrespect. The applicant left the matrimonial home for over 5 years with no communication. The applicant also presented a letter from the chef area indicating that the respondent had tried to solve the issue but was unsuccessful.
Issues
- Dissolution of the marriage
- Payment of dowry
Reasoning
The court applied Islamic jurisprudence, stating that it is better to prevent a problem than to expect a good cure, and concluded that the marriage is not worthy according to the Holy Quran and the hadith of prophet s.a.w.
Outcome
The marriage is dissolved.
Orders
- Dissolution of the marriage
- Payment of dowry
Remedies
- Divorce certificate
- Payment of dowry
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