[Rev. 2012]
(f)
(g)
(h)
(i)
Matrimonial Causes
CAP. 152
the discharge, modification or temporary suspension of an order for
periodical payments, securing periodical payments to a wife, alimony
pending suit, permanent alimony, maintenance or maintenance of the
children (in these Rules referred to as a modification order);
the securing by a husband on a decree for divorce or nullity of a gross
or annual sum of money to his wife or for the benefit of the children
of the marriage, or by a wife, where she has presented a petition for
divorce on the ground of her husband’s insanity, of a gross or annual
sum of money to her husband or for the benefit of the children of the
marriage (in these Rules referred to as a secured provision), except
where a claim for such relief is made in the petition;
the application of the whole or any part of the property comprised
in any ante-nuptial or post-nuptial settlement made on the spouses
either for the benefit of the children of the marriage or of the spouses
(in these Rules referred to as variation of marriage settlements);
the settlement, in the case of a decree for divorce or judicial
separation, by reason of the adultery, desertion or cruelty of the
wife, or for restitution of conjugal rights made against the wife, of the
property to which she is entitled either in possession or in reversion
or any part thereof for the benefit of her husband and of the children
of the marriage or either or any of them (in these Rules referred to as
settlement of a wife’s property),
shall be by notice Form 2 in the Appendix issued out of the Divorce Registry.
(3) Except where these Rules otherwise provide, every application shall be
made to, and any leave or direction shall be obtained from, a judge by summons
in chambers.
4. Forms of petition
(1) The petition in a matrimonial cause shall state—
(a) the place and date of the marriage and the name and status of the
wife before the marriage;
(b) the principal permanent addresses where the parties have cohabited
within Kenya or, if it is the case, that there has been no address of
cohabitation within Kenya;
(c) whether, there are living any children of the marriage and, if so, the
names and dates of birth or ages of such children and, if it is the case,
that the paternity of any child of the wife is disputed;
(d) the occupation of the husband and the residence and domicile of the
parties to the marriage at the date of the institution of the cause;
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