[2013] KEHC 2250 (KLR)
The court found that the petitioner failed to provide any documentary evidence to substantiate her claimed monthly expenses or the need for maintenance at the rate sought. The application was deemed speculative and lacking in merit. Furthermore, the court held that the respondent is not legally obliged to provide...
Source-derived case information.
- Citation
- [2013] KEHC 2250 (KLR)
- Parties
- Applicant: A V C; Respondent: V U C
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- 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 Application, Adult Children Support, Matrimonial Expenses, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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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 Whether the petitioner is entitled to monthly maintenance from the respondent.
- 2 Whether the respondent is obliged to provide maintenance for adult children.
- 3 Whether the petitioner has provided sufficient evidence to support her claimed expenses.
Ratio Decidendi
The court found that the petitioner failed to provide any documentary evidence to substantiate her claimed monthly expenses or the need for maintenance at the rate sought. The application was deemed speculative and lacking in merit. Furthermore, the court held that the respondent is not legally obliged to provide maintenance for adult children, and the attempt to include their expenses in the claim was improper. The absence of proof and the legal position regarding adult children led to the dismissal of the application.
Court Disposition
application dismissed with costs
Orders
- The application for monthly maintenance is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
DIVORCE CAUSE NO. 136 OF 2010
BETWEEN
A V C…..……...........……..PETITIONER
AND
V U C……........………..RESPONDENT
RULING
The petitioner in this matter married the respondent on 26th June 1990. This was at a Hindu ceremony conducted at Kitale. The couple has been blessed with two issues, R C and N C, born in 1990 and 1992, respectively.
The petitioner has filed a summons dated 27th March 2012 seeking monthly maintenance at the rate of Kshs. 545, 000. 00. She has given a tabulation of her monthly expenses. She puts her children’s monthly expenses at Kshs. 60, 000. 00. She alleges that the respondent’s monthly income stands at Kshs. 1,500, 000. 00.
The respondent has filed a reply to the application. He accuses her of abandoning the matrimonial home without any excuse. He disputes what is alleged to be his monthly income. He argues that the petitioner has not demonstrated how she is sustaining herself at the rate of Kshs. 545, 000. 00 per month. He further states that their children are adults and that he is not obliged to maintain adults.
I have carefully gone through the petitioner’s application. I note that she has not attached a single to support her claims. She has carefully itemised her monthly expenses, yet she has not attached any proof that that is what she spends monthly on those items. One cannot help feeling that the application is speculative and fanciful. I fully agree with the reply. She has tried to drag their children into the matter, but they are no longer children. They are adults and the respondent is not bound to provide for them.
There is no merit whatsoever in the application. I hereby dismiss it with costs.
DATED, SIGNED and DELIVERED at NAIROBI this 15th DAY OF August, 2013.
W. M. MUSYOKA
JUDGE