[2005] KEHC 2000 (KLR)

[2005] KEHC 2000 (KLR)

The court found that the petitioner failed to prove the allegations of adultery and cruelty against the respondent, as there was no credible evidence to support these claims. However, the evidence of desertion was cogent and persuasive, showing that the respondent left the matrimonial home of her own volition and without sufficient cause, and that the desertion was not condoned by the petitioner. The period of desertion exceeded the statutory requirement, justifying dissolution of the marriage. The court further held that the respondent's religious beliefs could not override the statutory provisions governing dissolution of marriage. Regarding custody, the court determined that KT, being...

Citation
[2005] KEHC 2000 (KLR)
Parties
Petitioner: A A C; Respondent: H S A
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Judgment Date
21 July 2005
Case Number
Divorce Cause 1 of 2002
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed on ground of desertion; marriage dissolved; decree nisi issued; custody of KT remains with respondent; petitioner to pay two-thirds of KT's future school fees; no order as to costs.
Legal Topics
Divorce, Matrimonial Offences, Desertion, Custody of Children, Maintenance, Matrimonial Property
Source Language
English
Family and Children Divorce Matrimonial Offences Desertion Custody of Children Maintenance Matrimonial Property

Case Brief

Summary, issues, holding and outcome

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Parties

A A C

Petitioner

H S A

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent committed matrimonial offences of desertion, adultery, and cruelty justifying dissolution of marriage.
  2. 2 Whether the petitioner is entitled to custody of the child KT.
  3. 3 Whether the petitioner or respondent is entitled to maintenance.

Ratio Decidendi

The court found that the petitioner failed to prove the allegations of adultery and cruelty against the respondent, as there was no credible evidence to support these claims. However, the evidence of desertion was cogent and persuasive, showing that the respondent left the matrimonial home of her own volition and without sufficient cause, and that the desertion was not condoned by the petitioner. The period of desertion exceeded the statutory requirement, justifying dissolution of the marriage. The court further held that the respondent's religious beliefs could not override the statutory provisions governing dissolution of marriage. Regarding custody, the court determined that KT, being...

Court Disposition

Petition allowed on ground of desertion; marriage dissolved; decree nisi issued; custody of KT remains with respondent; petitioner to pay two-thirds of KT's future school fees; no order as to costs.

Orders

  • Decree nisi for dissolution of marriage to issue forthwith.
  • Petitioner to pay two-thirds of future school fees for KT.