C F B v M O [2013] KEHC 5 (KLR)
- Court
- High Court of Kenya
- Case number
- 5
- Citation
- [2013] KEHC 5 (KLR)
- Decided
- 19 December 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner seeks dissolution of marriage, respondent cross-petitions for dissolution, custody, maintenance, and division of matrimonial property.CoramW MUSYOKA
Holding
The court dissolves the marriage and issues a decree nisi, with the consent orders regarding custody, maintenance, and division of property governing the remaining issues.
Facts
Petitioner and respondent were married in 1996 and have two children. The petitioner filed a petition for dissolution of marriage in 2012, alleging desertion by the respondent. The respondent filed an answer and amended her pleadings, alleging desertion by the petitioner.
Issues
- Dissolution of marriage
- Custody of children
- Maintenance
- Division of matrimonial property
Reasoning
The court finds that the marriage has irretrievably broken down due to the parties' long separation and lack of conjugal connection. The court also finds that the petitioner deserted the respondent.
Outcome
Dissolution of marriage
Orders
- Decree nisi issued
- Consent orders regarding custody, maintenance, and division of property to govern remaining issues
- Respondent to have costs of the suit
Remedies
- Dissolution of marriage
- Joint custody of children
- Equal access to children
- Maintenance for children and respondent
- Division of matrimonial property
- Costs awarded to respondent
Authorities cited
Legislation (1)
- Marriage Act, 1949
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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