[2006] KEHC 851 (KLR)

[2006] KEHC 851 (KLR)

The court found that the petitioner had proved, on a balance of probabilities, that the respondent was guilty of cruelty as particularized in the petition. The respondent's failure to care for the children, abnormal behavior, and abandonment of the matrimonial home and children constituted legal cruelty. The respondent did not contest the petition despite being duly served. The court accepted the petitioner's evidence as uncontroverted and sufficient to meet the legal threshold for dissolution of marriage on grounds of cruelty. The court also found it in the best interests of the children to grant legal custody and control to the petitioner, given the respondent's abandonment.

Citation
[2006] KEHC 851 (KLR)
Parties
Petitioner: A.S 1; Respondent: A.S 2
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
21 October 2006
Case Number
Divorce Cause 124 of 2005
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved; custody granted to petitioner
Judges
BP Kubo
Legal Topics
Divorce, Custody of Children, Cruelty, Hindu Customary Marriage
Source Language
English
Family and Children Divorce Custody of Children Cruelty Hindu Customary Marriage

Case Brief

Summary, issues, holding and outcome

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Parties

A.S 1

Petitioner

A.S 2

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner has proved cruelty by the respondent sufficient to warrant dissolution of the marriage.
  2. 2 Whether the petitioner is entitled to legal custody and control of the two minor children.

Ratio Decidendi

The court found that the petitioner had proved, on a balance of probabilities, that the respondent was guilty of cruelty as particularized in the petition. The respondent's failure to care for the children, abnormal behavior, and abandonment of the matrimonial home and children constituted legal cruelty. The respondent did not contest the petition despite being duly served. The court accepted the petitioner's evidence as uncontroverted and sufficient to meet the legal threshold for dissolution of marriage on grounds of cruelty. The court also found it in the best interests of the children to grant legal custody and control to the petitioner, given the respondent's abandonment.

Court Disposition

petition allowed; marriage dissolved; custody granted to petitioner

Orders

  • Decree nisi for dissolution of marriage between petitioner and respondent to issue forthwith, to be made absolute after three months upon application.
  • Petitioner granted legal custody and control of the two minor children of the marriage.