FMM v HMA (Divorce Cause E272 of 2023) [2024] KEKC 3 (KLR) (2 May 2024) (Judgment)
- Court
- KEKC
- Case number
- 3
- Citation
- [2024] KEKC 3 (KLR)
- Decided
- 2 May 2024
The court dissolves the marriage and orders the respondent to release the petitioner’s personal effects or their value. The court also orders the respondent to pay the petitioner’s past maintenance and the children’s past maintenance.
Facts
The petitioner and respondent are married under Islamic law. They have two minor children. The petitioner claims the respondent is irresponsible, disrespectful, lazy, and neglects his parental and marital obligations. The respondent denies these claims and states he lost his business but can still provide for his family. He also claims the petitioner deserted the matrimonial home and refuses to return.
Issues
- whether or not the petitioner is entitled to dissolution of marriage
- children custody and maintenance
- whether or not the respondent should be ordered to release petitioner’s personal effects or its value
- petitioner’s past maintenance
- children’s past maintenance
Reasoning
The court found the respondent’s claims regarding his business and ability to provide for the family to be insufficient. The court also found the petitioner’s claims regarding the respondent’s behavior to be credible.
Outcome
Dissolution of marriage
Orders
- Dissolution of marriage
- Order for the respondent to release the petitioner’s personal effects or their value
- Order for the respondent to pay the petitioner’s past maintenance
- Order for the respondent to pay the children’s past maintenance
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