[2015] KEHC 812 (KLR)

[2015] KEHC 812 (KLR)

The court found that the petitioner had established, on a balance of probabilities, that the respondent deserted her for three years and denied her conjugal rights, resulting in mental anguish. The respondent's failure to respond to the petition or participate in the proceedings further indicated his lack of...

Source-derived case information.

Citation
[2015] KEHC 812 (KLR)
Parties
Petitioner: B. L; Respondent: B. P. O
Court
High Court
Court Station
High Court at Malindi
Jurisdiction
Kenya
Judgment Date
3 December 2015
Case Number
Divorce Cause 1 of 2014
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved; joint custody of child granted
Judges
SJ Chitembwe
Legal Topics
Divorce, Irretrievable Breakdown of Marriage, Child Custody
Source Language
english
Family and Children Divorce Irretrievable Breakdown of Marriage Child Custody

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Summary, issues, holding and outcome

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Parties

B. L

Petitioner

B. P. O

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
  2. 2 Whether the petitioner is entitled to dissolution of marriage and custody of the child.

Ratio Decidendi

The court found that the petitioner had established, on a balance of probabilities, that the respondent deserted her for three years and denied her conjugal rights, resulting in mental anguish. The respondent's failure to respond to the petition or participate in the proceedings further indicated his lack of interest in continuing the marriage. The court concluded that the marriage had broken down irretrievably and that there was no hope for reconciliation. Accordingly, the court granted the dissolution of the marriage and ordered joint custody of the child.

Court Disposition

petition allowed; marriage dissolved; joint custody of child granted

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • There shall be joint custody of the child of the marriage.