[2013] KEHC 2611 (KLR)

[2013] KEHC 2611 (KLR)

The court found that the petitioner failed to provide any documentary evidence to support her claimed monthly expenses or the need for maintenance at the rate sought. The court also determined that the respondent is not legally obliged to provide maintenance for adult children. The application was deemed speculative and lacking in merit, leading to its dismissal with costs to the respondent.

Citation
[2013] KEHC 2611 (KLR)
Parties
Applicant: A V C; Respondent: V U C
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
15 August 2013
Case Number
Divorce Cause 136 of 2010
Procedural Posture
Divorce Cause / Ruling on Application for Maintenance
Outcome
application dismissed with costs
Judges
DN Musyoka
Legal Topics
Maintenance Orders, Adult Children Support, Matrimonial Proceedings
Source Language
English
Family and Children Maintenance Orders Adult Children Support Matrimonial Proceedings

Case Brief

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Parties

A V C

Applicant

V U C

Respondent

Procedural Posture

Divorce Cause / Ruling on Application for Maintenance

Legal Issues

  1. 1 Whether the petitioner is entitled to monthly maintenance from the respondent.
  2. 2 Whether the respondent is obliged to provide maintenance for adult children.

Ratio Decidendi

The court found that the petitioner failed to provide any documentary evidence to support her claimed monthly expenses or the need for maintenance at the rate sought. The court also determined that the respondent is not legally obliged to provide maintenance for adult children. The application was deemed speculative and lacking in merit, leading to its dismissal with costs to the respondent.

Court Disposition

application dismissed with costs

Orders

  • The application for monthly maintenance is dismissed with costs to the respondent.