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T M M v S K M [2017] KEHC 540 (KLR)

[2017] KEHC 540 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
540
Citation
[2017] KEHC 540 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetition for divorce and custody of childrenCoramL. N. MUTENDE
Holding

The marriage is dissolved, and the respondent and children will continue to occupy the matrimonial house. The respondent will have custody of the youngest child until he attains the age of majority. The petitioner will pay costs of the petition.

Facts

The petitioner, T M M, sought the dissolution of his marriage to the respondent, S K M, alleging cruelty, neglect, and adultery. The respondent denied these allegations and claimed she was faithful to the marriage.

Issues

  1. Dissolution of marriage
  2. Custody of children
  3. Maintenance for the respondent and children

Reasoning

The court found that the marriage had irretrievably broken down due to the respondent's allegations of cruelty and the petitioner's failure to support the family.

Outcome

Dissolution of marriage

Orders

  • Decree nisi issued
  • Decree absolute to issue in 60 days
  • Respondent and children to continue occupying the matrimonial house
  • Respondent to have custody of E M M until she attains the age of majority

Remedies

  • Maintenance for the respondent and children

Authorities cited

Cases cited (2)
  • NMM vs. JC Divorce Cause No. 1 of 2013
  • Adetoon Oladeji (NIG) LTD vs. Nigeria Breweries PLC SC 91/2002
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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