[2011] KEHC 1075 (KLR)

[2011] KEHC 1075 (KLR)

The court found that both parties had proved their respective allegations of cruelty and adultery, establishing that the marriage had irretrievably broken down. The evidence showed mutual insults, admitted adultery by the petitioner, and assault by the petitioner against the respondent. The parties had been separated for several years, and there was no prospect of reconciliation. The court concluded that the marriage could not be sustained and ordered its dissolution. Regarding custody, the court considered that the petitioner had been the primary custodian of the surviving child for the past ten years and thus granted him official custody, with the respondent to have unlimited access at...

Citation
[2011] KEHC 1075 (KLR)
Parties
Petitioner: A.K.O; Respondent: M.A.O
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
17 July 2011
Case Number
Divorce Cause 98 of 2006
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition and cross-petition allowed; marriage dissolved; custody of child granted to petitioner; respondent granted access; each party to bear own costs.
Judges
DK Maraga
Legal Topics
Divorce, Cruelty, Adultery, Custody of Children
Source Language
English
Family and Children Divorce Cruelty Adultery Custody of Children

Case Brief

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Parties

A.K.O

Petitioner

M.A.O

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has irretrievably broken down.
  2. 2 Whether the petitioner or respondent has proved cruelty or adultery as grounds for divorce.
  3. 3 Who should be granted custody of the surviving child.

Ratio Decidendi

The court found that both parties had proved their respective allegations of cruelty and adultery, establishing that the marriage had irretrievably broken down. The evidence showed mutual insults, admitted adultery by the petitioner, and assault by the petitioner against the respondent. The parties had been separated for several years, and there was no prospect of reconciliation. The court concluded that the marriage could not be sustained and ordered its dissolution. Regarding custody, the court considered that the petitioner had been the primary custodian of the surviving child for the past ten years and thus granted him official custody, with the respondent to have unlimited access at...

Court Disposition

Petition and cross-petition allowed; marriage dissolved; custody of child granted to petitioner; respondent granted access; each party to bear own costs.

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • A decree nisi shall issue forthwith to be made absolute after 30 days.