[2015] KEHC 7198 (KLR)

[2015] KEHC 7198 (KLR)

The court found that the marriage had irretrievably broken down, primarily due to the respondent's admitted adultery, which was not condoned by the petitioner. The respondent's cross-petition for divorce on grounds of desertion and cruelty was not supported by sufficient evidence. Regarding maintenance, the court...

Source-derived case information.

Citation
[2015] KEHC 7198 (KLR)
Parties
Applicant: Z.Y.S.A.; Respondent: Y.S.A.
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
5 March 2015
Case Number
Divorce Cause 187 of 2014
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed; cross-petition dismissed; marriage dissolved; maintenance ordered.
Judges
AO Muchelule
Legal Topics
Divorce, Maintenance, Alimony, Division of Property
Source Language
english
Family and Children Divorce Maintenance Alimony Division of Property

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Parties

Z.Y.S.A.

Applicant

Y.S.A.

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 respondent committed adultery as alleged by the petitioner.
  3. 3 Whether the petitioner is entitled to maintenance or alimony from the respondent, and if so, the quantum.

Ratio Decidendi

The court found that the marriage had irretrievably broken down, primarily due to the respondent's admitted adultery, which was not condoned by the petitioner. The respondent's cross-petition for divorce on grounds of desertion and cruelty was not supported by sufficient evidence. Regarding maintenance, the court considered the financial positions of both parties, including the substantial sums the petitioner had received from the sale of family assets and the respondent's current income and obligations. The petitioner failed to provide verifiable evidence that the respondent earned more than Kshs.300,000 per month or that he retained significant family property. The court held that, in...

Court Disposition

Petition allowed; cross-petition dismissed; marriage dissolved; maintenance ordered.

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • Decree nisi to issue and become absolute after 30 days.