[2023] KEMC 220 (KLR)
The court found that the purpose of alimony pending suit is to provide temporary support to a spouse so that she is not destitute during the duration of the suit. The court emphasized that such maintenance is not meant to provide a luxurious standard of living or to maintain the lifestyle previously enjoyed during...
Source-derived case information.
- Citation
- [2023] KEMC 220 (KLR)
- Parties
- Petitioner: SMK; Respondent: AW
- Court
- Magistrate's Court
- Court Station
- Milimani Commercial Chief Magistrate's Courts
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause E216 of 2023
- Procedural Posture
- Divorce Cause / Interlocutory Application for Spousal Maintenance Pending Suit
- Outcome
- Application for spousal maintenance allowed in part.
- Judges
- JP Aduke
- Legal Topics
- Spousal Maintenance, Alimony Pendente Lite, Matrimonial Causes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SMK
Petitioner
AW
Respondent
Procedural Posture
Divorce Cause / Interlocutory Application for Spousal Maintenance Pending Suit
Legal Issues
- 1 Whether the respondent is entitled to spousal maintenance pending the determination of the divorce petition.
- 2 What is the appropriate quantum of spousal maintenance in the circumstances.
Ratio Decidendi
The court found that the purpose of alimony pending suit is to provide temporary support to a spouse so that she is not destitute during the duration of the suit. The court emphasized that such maintenance is not meant to provide a luxurious standard of living or to maintain the lifestyle previously enjoyed during the marriage, but rather to ensure basic sustenance. Applying these principles and considering the affidavits and submissions, the court determined that an award of KES 45,000 per month was appropriate as spousal support pending the hearing and determination of the divorce petition. The court declined to award the full amount sought by the applicant, finding it excessive and...
Court Disposition
Application for spousal maintenance allowed in part.
Orders
- The petitioner to pay the respondent spousal support of KES 45,000 per month pending the hearing and determination of the divorce petition.
- No order on costs.
Full Case Text
Judgment text and source record
19 paragraphs
SMK v AW (Divorce Cause E216 of 2023) [2023] KEMC 220 (KLR) (8 August 2023) (Ruling)
Neutral citation: [2023] KEMC 220 (KLR)
Republic of Kenya
In the Milimani Commercial Chief Magistrate's Courts
Divorce Cause E216 of 2023
JP Aduke, SRM
August 8, 2023
Between
SMK
Petitioner
and
AW
Respondent
Ruling
1. The Applicant moved this court on 2nd June 2023, by way of motion seeking orders for provision of spousal maintenance of Kshs. 120,000 per month.
2. The application is opposed. I have considered the submission on record and the affidavits thereto and note as follows. It is settled principle of law that litigation should come to an end. The petitioner will not suffer any real risk or prejudice.
3. The reasoning of the court in WN vs. PB [2013] eKLR cannot be emphasized enough: “The purpose of an award of alimony pending suit is to provide temporary support to a spouse so that she is not destitute for duration of the suit.” The purpose of alimony is not to provide a luxurious living to such spouse, nor is such an order made to allow a spouse to maintain the lavish lifestyle she may have enjoyed during the marriage. Alimony pendent lite is to provide basic sustenance to a wife pending the determination of the matrimonial cause.
4. On the strength of section 77 of the Marriage Act 2014, I allow the motion dated 02/06/2023 on these terms:1. The petitioner to pay the respondent spousal support of KES 45,000/- per month pending the hearing and determination of the divorce petition;2. No order on costs;
ADUKE JEAL PRAXADES ATIENOSENIOR RESIDENT MAGISTRATE.RULING DATED AND SIGNED THIS 8TH AUGUST 2023In the presence of:1. Court Assistant: BENJAMIN KOMBE2. Counsel for the Petitioner-3. Counsel for the Respondent:7th August 2023.