J S v H Y [2015] KEKC 42 (KLR)
- Court
- KEKC
- Case number
- 42
- Citation
- [2015] KEKC 42 (KLR)
- Decided
- 9 October 2015
The marriage is dissolved, and the petitioner is granted physical custody of the children. The respondent is granted legal custody and unrestricted access, with a maintenance contribution from the respondent.
Facts
The marriage was conducted in Burundi under Islamic law, and the parties had five children. The petitioner alleged extreme cruelty and mental torture, while the respondent denied the allegations but acknowledged the breakdown of the marriage.
Issues
- Whether the marriage has irretrievably broken down
- Who should have custody of the minor children
Reasoning
The court found that the marriage was irretrievably broken down due to the respondent's cruelty and lack of reconciliation efforts. The court also considered the best interests of the children and granted physical custody to the petitioner.
Outcome
The marriage is dissolved, and the petitioner is granted physical custody of the children.
Orders
- Dissolution of marriage
- Divorce certificate issued
- Respondent to provide Kshs. 10,000 towards eddat maintenance for three months
- Physical custody granted to petitioner
- Legal custody granted to respondent
- Unrestricted access granted to respondent
- Respondent to contribute towards maintenance of children
Remedies
- Maintenance for petitioner
- Custody of children
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