SB v BG (Divorce Cause 22 of 2019) [2019] KEKC 25 (KLR) (13 November 2019) (Judgment)
- Court
- KEKC
- Case number
- 25
- Citation
- [2019] KEKC 25 (KLR)
- Decided
- 13 November 2019
The court finds that the petitioner is entitled to dissolution of marriage, legal and actual custody of the children, and the respondent is to provide maintenance. The respondent is not entitled to the petitioner's property.
Facts
The petitioner, SB, is a clinical officer and the respondent, BG, is a sergeant. They have five children and were married under Islamic law in 2004. The petitioner claims BG is adulterous, disrespectful, cruel, and fails to provide for the family's needs. BG denies these claims and states the petitioner neglected his ailing mother, leading to his remarriage.
Issues
- Whether the petitioner is entitled to dissolution of marriage, dowry, custody, and maintenance of the children
- Burden of proof on the petitioner
Reasoning
The court relies on Islamic law and evidence, emphasizing the petitioner's burden of proof and the respondent's denial of the allegations.
Outcome
Dissolution of marriage granted to the petitioner
Orders
- Dissolution of marriage
- Legal and actual custody of the children
- Maintenance to be provided by the respondent
Remedies
- Maintenance to be provided by the respondent
Authorities cited
Legislation (2)
- Kadhi's Court Act, Cap 11 laws of Kenya
- Qur'an Al Naml:27:64
Cases cited (1)
- Prophetic tradition Hadith narrated by Ibn Abbas
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