P.C.W v J.B.N [2014] KEHC 604 (KLR)
- Court
- High Court of Kenya
- Case number
- 604
- Citation
- [2014] KEHC 604 (KLR)
- Decided
- 14 November 2014
The court awards custody of the children to the Petitioner and grants visitation rights to the Respondent. The Petitioner is entitled to maintenance/alimony, with the Respondent's financial contribution suspended until his circumstances improve.
Facts
The parties were married under the Hindu Marriage and Divorce Act in 1994 and have two children. The marriage has been strained due to the Respondent's neglect and lack of financial support. The Respondent deserted the family multiple times and the parties have lived separately for extended periods.
Issues
- custody of the children
- maintenance/alimony for the Petitioner
Reasoning
The court considers the best interests of the children and the financial situation of both parties.
Outcome
The court grants the Petitioner custody of the children and maintenance/alimony, with the Respondent's financial contribution suspended.
Orders
- custody of the children to the Petitioner
- visitation rights to the Respondent
- suspended financial contribution from the Respondent
Remedies
- maintenance/alimony for the Petitioner
Authorities cited
Legislation (3)
- Article 53(2) of the Constitution
- Section 83 and 4 of the Children Act 2001
- Article 45(3) of the Constitution
Loading judgment…