[2011] KEHC 3677 (KLR)

[2011] KEHC 3677 (KLR)

The court found that the respondent had committed adultery with the applicant's sister, as evidenced by the birth of two children, and had treated the applicant with cruelty. The respondent did not contest the petition or rebut the applicant's evidence. The court held that the grounds for dissolution of marriage under the Matrimonial Causes Act were satisfied. The marriage had irretrievably broken down, and the parties could no longer live together. The court granted the dissolution of the marriage, issued a decree nisi to be made absolute after six months, and made orders regarding access to the children, leaving the issue of matrimonial property to be pursued separately. Costs were...

Citation
[2011] KEHC 3677 (KLR)
Parties
Applicant: A. G. K; Respondent: M. K
Court
High Court
Court Station
High Court at Malindi
Jurisdiction
Kenya
Judgment Date
24 February 2011
Case Number
Divorce Cause 3 “A” of 2010
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition allowed; marriage dissolved; decree nisi to issue; access orders made; costs to respondent.
Judges
DO Ohungo
Legal Topics
Dissolution of Marriage, Adultery, Custody of Children, Matrimonial Property, Maintenance, Access Rights
Source Language
English
Family and Children Dissolution of Marriage Adultery Custody of Children Matrimonial Property Maintenance Access Rights

Case Brief

Summary, issues, holding and outcome

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Parties

A. G. K

Applicant

M. K

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage between the applicant and respondent should be dissolved on grounds of adultery and cruelty.
  2. 2 Whether the applicant is entitled to a share of matrimonial property.
  3. 3 What orders should be made regarding custody and access to the children of the marriage.

Ratio Decidendi

The court found that the respondent had committed adultery with the applicant's sister, as evidenced by the birth of two children, and had treated the applicant with cruelty. The respondent did not contest the petition or rebut the applicant's evidence. The court held that the grounds for dissolution of marriage under the Matrimonial Causes Act were satisfied. The marriage had irretrievably broken down, and the parties could no longer live together. The court granted the dissolution of the marriage, issued a decree nisi to be made absolute after six months, and made orders regarding access to the children, leaving the issue of matrimonial property to be pursued separately. Costs were...

Court Disposition

Petition allowed; marriage dissolved; decree nisi to issue; access orders made; costs to respondent.

Orders

  • The union between the applicant and respondent is dissolved; a decree nisi shall issue and be made absolute after six months.
  • If the children choose to live with the respondent, the applicant must be given access; parties to agree on a visiting programme within 30 days.