[2014] KEHC 8399 (KLR)
The court found that the respondent was guilty of adultery and cruelty based on the unchallenged evidence presented by the petitioner, including admissions and documentary proof of infidelity and conduct amounting to cruelty. The court held that the marriage had irretrievably broken down and that the petitioner, who...
Source-derived case information.
- Citation
- [2014] KEHC 8399 (KLR)
- Parties
- Petitioner: A O O; Respondent: W W M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 62 of 2014
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition for divorce allowed; marriage dissolved; custody of child to petitioner; cross-petition dismissed; costs to petitioner.
- Judges
- AO Muchelule
- Legal Topics
- Divorce, Adultery, Cruelty, Child Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
A O O
Petitioner
W W M
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent was guilty of adultery and cruelty.
- 2 Whether the marriage between the petitioner and respondent has irretrievably broken down.
- 3 Who should have custody of the minor child after dissolution of marriage.
Ratio Decidendi
The court found that the respondent was guilty of adultery and cruelty based on the unchallenged evidence presented by the petitioner, including admissions and documentary proof of infidelity and conduct amounting to cruelty. The court held that the marriage had irretrievably broken down and that the petitioner, who had custody of the child, should continue to have custody, with the respondent granted reasonable access. The cross-petition was dismissed as the respondent failed to attend court or substantiate her claims. Costs were awarded to the petitioner.
Court Disposition
Petition for divorce allowed; marriage dissolved; custody of child to petitioner; cross-petition dismissed; costs to petitioner.
Orders
- The marriage between the petitioner and respondent is dissolved.
- Decree nisi to issue and become absolute after 30 days.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
Divorce Cause No. 62 Of 2014
A O O.............……….…............PETITIONER
VERSUS
W W M...……………............RESPONDENT
JUDGMENT
The petitioner and the respondent got married on 24th April 2008 at the office of the Registrar of Marriages in Nairobi. On 18th March 2014 the petitioner filed this petition seeking the dissolution of the marriage on the grounds of adultery and cruelty. On 4th April 2014, the respondent filed answer to the petition. She cross petitioned for divorce on the ground of adultery and cruelty. Each side pleaded that the marriage has irretrievably broken down.
The respondent was served to attend the hearing of the petition but did not come. The petitioner’s evidence was not challenged. He told the Court that the marriage was on 14th May 2008 blessed with a son H O O. The family set up a matrimonial home at [particulars withheld] in Nairobi. In 2011, the court heard, the respondent confessed on Classic FM station that she had slept with another man in Rwanda. In 2012 the respondent had a relationship with one M O and they sent each other nude photographs (A005 and A006). In 2013 she had a relationship with a man called R with whom she had various conversations proving intimacy (A009). The petitioner made references to other relationships, including one with their neighbour S (A004).
On cruelty, his evidence was that she did not like his relatives whom she abused and threw out of the house. She refused to participate in paying rent and fees, and buying food, or participating in general upkeep. Yet she was working. She has since moved to the USA. He asked for divorce and custody of the child with whom he stays. He sought the dismissal of the cross-petition with costs.
I accept the petitioner’s evidence and find that the respondent was guilty of adultery and cruelty. I also find that the marriage between the petitioner and the respondent has irretrievably broken down. I order the dissolution of the marriage and direct that decree nisidoes issue. The same shall become absolute after 30 days. The petitioner shall have the custody of the son H O O. The respondent shall have reasonable access to the child. Costs shall be paid by the respondent. The cross-petition is dismissed with costs.
DATED and DELIVERED at NAIROBI this 6th October 2014.
A.O. MUCHELULE
JUDGE