FAM v JOA [2016] KEKC 3 (KLR)
The bottom line
#A Kisumu Kadhi dissolved a 13-year-deserted Muslim marriage, gave the mother custody, and ordered monthly child maintenance of Kshs 13,300.
What this practically means
#Executive summary
#Key legal issues
#Dissolution of marriage on ground of desertion
The marriage was dissolved, the applicant to observe eddah for three months
The applicant testified ex parte that the respondent deserted the family thirteen years earlier, never returned, communicated or provided support. She informed the respondent's mother and brothers, who told her to fend for the children herself. The Kadhi found the evidence sufficient to show the marriage was no longer tenable under Islamic law.
Custody, access and maintenance of children
Custody to the applicant with reasonable access to the respondent, and monthly maintenance of Kshs 13,300
The two children, DK and A, had been living with and being cared for by the applicant, the respondent having abandoned them. The court granted custody to the applicant, preserved the respondent's reasonable access, and ordered the respondent to pay Kshs 13,300 monthly maintenance effective January 2016.
Legal principles established
#- A Muslim marriage may be dissolved where the evidence shows it is no longer sustainable under the Holy Quran and the hadith of the Prophet
- A divorced wife must observe the eddah period of three months before the dissolution takes final effect
Court orders
#- 1.The marriage is dissolved on condition that the applicant observes the eddah period of three months
- 2.A divorce certificate to be issued on 19th April 2016
- 3.Custody of the children granted to the plaintiff with the respondent having reasonable access
- 4.The respondent to pay Kshs 1,000 as payment of the dowry within 25 days from 19th January 2016
- 5.The respondent to pay Kshs 13,300 per month as maintenance for his children effective January 2016
- Jurisdiction invoked
- Original jurisdiction of the Kadhis' Court over Muslim marriage and divorce (divorce cause filed 13th October 2015)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "FAM v JOA [2016] KEKC 3 (KLR)", Case Analysis (2016). Divorce Case No 13 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/kekc/2016/3/eng@2016-01-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.