[2002] KEHC 294 (KLR)

[2002] KEHC 294 (KLR)

The court found that the respondent's act of desertion, as evidenced by his departure in 1997, refusal to return, and failure to support the petitioner during her hospitalization, constituted sufficient grounds for dissolution of the marriage. The court accepted the petitioner's evidence as unchallenged, given the...

Source-derived case information.

Citation
[2002] KEHC 294 (KLR)
Parties
Applicant: J M M; Respondent: G M K
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
28 February 2002
Case Number
Divorce Cause 68 of 2001
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for divorce granted; maintenance awarded; costs to petitioner.
Legal Topics
Divorce, Maintenance, Matrimonial Offences, Desertion, Adultery
Source Language
english
Family and Children Divorce Maintenance Matrimonial Offences Desertion Adultery

Source-derived case record

Summary, issues, holding and outcome

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Parties

J M M

Applicant

G M K

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent's conduct amounted to cruelty, desertion, or adultery justifying dissolution of the marriage.
  2. 2 Whether the petitioner is entitled to maintenance from the respondent, and if so, the appropriate amount.

Ratio Decidendi

The court found that the respondent's act of desertion, as evidenced by his departure in 1997, refusal to return, and failure to support the petitioner during her hospitalization, constituted sufficient grounds for dissolution of the marriage. The court accepted the petitioner's evidence as unchallenged, given the respondent's failure to appear or contest the petition. Regarding maintenance, the court considered the petitioner's employment and income, the absence of children, and the lack of detailed evidence on the respondent's means. The court determined that the petitioner's request for Kshs.100,000/= per month was excessive and instead awarded her Kshs.10,000/= per month, reflecting...

Court Disposition

Petition for divorce granted; maintenance awarded; costs to petitioner.

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • The respondent shall pay the petitioner maintenance of Kshs.10,000/= per month with effect from end of March, 2002.