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A A D v A M [2015] KEKC 30 (KLR)

[2015] KEKC 30 (KLR) KEKC
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Court
Kadhis Courts
Case number
30
Citation
[2015] KEKC 30 (KLR)
Decided
22 June 2015
Parties
raw · defendants · plaintiffs
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner seeks dissolution of marriage, legal and physical custody, and maintenance.CoramHon. A. I. Hussein, Petitioner
Holding

The court grants the petition for dissolution of marriage, legal and physical custody to the petitioner, and maintenance to the petitioner.

Facts

Petitioner and respondent married on 3rd August 1993. They had three children. The marriage was rocky, with the respondent being cruel, deserting the home, and failing to provide financial support.

Issues

  1. Dissolution of marriage
  2. Legal and physical custody of children
  3. Maintenance of children

Reasoning

The court finds the marriage irretrievably broken down due to the respondent's cruelty, desertion, and neglect. The best interests of the children are prioritized.

Outcome

Petitioner wins.

Orders

  • Decree for dissolution of marriage
  • Physical and legal custody to petitioner
  • Unrestricted access to children for respondent
  • Monthly maintenance of Ksh. 50,000 for petitioner
  • Costs awarded to petitioner

Remedies

  • Dissolution of marriage
  • Legal and physical custody
  • Monthly maintenance
  • Costs awarded

Authorities cited

Legislation (2)
  • Mohammedan Marriage and Divorce Registration Act (Cap.155)
  • Children Act
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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