[2017] KEHC 9404 (KLR)

[2017] KEHC 9404 (KLR)

The court found that the marriage between the petitioner and respondent had irretrievably broken down, as evidenced by their separation since 2010 and the cessation of cohabitation. Both parties were found to be self-sufficient, with no evidence provided by the petitioner to demonstrate a lack of income or need for...

Source-derived case information.

Citation
[2017] KEHC 9404 (KLR)
Parties
Applicant: J W S; Respondent: M P K
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
29 September 2017
Case Number
Divorce Cause 144 of 2011
Procedural Posture
Divorce Cause / Judgment
Outcome
Marriage dissolved; no orders as to alimony, maintenance, or costs.
Judges
DN Musyoka
Legal Topics
Dissolution of Marriage, Irretrievable Breakdown, Alimony, Maintenance, Custody of Children
Source Language
english
Family and Children Dissolution of Marriage Irretrievable Breakdown Alimony Maintenance Custody of Children

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Summary, issues, holding and outcome

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Parties

J W S

Applicant

M P K

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
  2. 2 Whether the petitioner is entitled to alimony or maintenance from the respondent.
  3. 3 Whether custody or maintenance orders for the children are warranted.

Ratio Decidendi

The court found that the marriage between the petitioner and respondent had irretrievably broken down, as evidenced by their separation since 2010 and the cessation of cohabitation. Both parties were found to be self-sufficient, with no evidence provided by the petitioner to demonstrate a lack of income or need for maintenance. The children of the marriage were adults, making custody and maintenance orders unnecessary. The court therefore dissolved the marriage, declined to make any orders for alimony or maintenance, and made no order as to costs.

Court Disposition

Marriage dissolved; no orders as to alimony, maintenance, or costs.

Orders

  • The marriage between the petitioner and respondent celebrated on 5th January 1996 is dissolved.
  • Decree nisi to issue forthwith, to be made absolute after thirty (30) days.