W.M. M v B.M.L (Divorce Cause 179 of 2008) [2012] KEHC 2825 (KLR) (26 July 2012) (Judgment)
- Court
- High Court of Kenya
- Case number
- 2825
- Citation
- [2012] KEHC 2825 (KLR)
- Decided
- 26 July 2012
The Petitioner's petition for divorce is allowed, and a decree of divorce is pronounced. The Respondent is ordered to pay monthly maintenance of Shs.150,000/= for 6 months.
Facts
The parties were in a relationship for many years prior to their civil marriage in 2000. The Petitioner had an ex-wife and two children from previous relationships. The Respondent was opposed to resources being spent on the Petitioner's children and their mothers. The marriage broke down due to acts of cruelty by the Respondent.
Issues
- Dissolution of marriage on grounds of cruelty
- Quantum of maintenance
Reasoning
The court found that the Respondent's acts of cruelty, including physical and verbal assaults, destruction of the Petitioner's thesis, and name-calling, were grounds for divorce. The court also considered the Respondent's ability to work and ordered maintenance.
Outcome
Divorce granted
Orders
- Decree nisi issued
- Decree nisi made absolute after 3 months
- Monthly maintenance of Shs.150,000/=
Remedies
- Maintenance ordered
Authorities cited
Legislation (1)
- Matrimonial Causes Act, Cap 152
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