[2019] KEHC 7417 (KLR)

[2019] KEHC 7417 (KLR)

The court found that the Petitioner failed to prove the allegations of adultery and cruelty against the Respondent, as no evidence was adduced to support these claims. However, both parties agreed that the Respondent had deserted the matrimonial home in 2007, and the marriage had effectively broken down beyond...

Source-derived case information.

Citation
[2019] KEHC 7417 (KLR)
Parties
Petitioner: BRM; Respondent: MGC
Court
High Court
Court Station
High Court at Malindi
Jurisdiction
Kenya
Judgment Date
9 May 2019
Case Number
Divorce Cause 7 of 2017
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition allowed; marriage dissolved; no order as to costs; no custody order made.
Legal Topics
Dissolution of Marriage, Custody of Children, Grounds for Divorce
Source Language
english
Family and Children Dissolution of Marriage Custody of Children Grounds for Divorce

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Summary, issues, holding and outcome

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Parties

BRM

Petitioner

MGC

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage between the Petitioner and Respondent should be dissolved on grounds of adultery, cruelty, or desertion.
  2. 2 Whether either party is entitled to custody of the child, SM.
  3. 3 Whether either party is entitled to costs of the proceedings.

Ratio Decidendi

The court found that the Petitioner failed to prove the allegations of adultery and cruelty against the Respondent, as no evidence was adduced to support these claims. However, both parties agreed that the Respondent had deserted the matrimonial home in 2007, and the marriage had effectively broken down beyond repair. Under Section 65(c) of the Marriage Act, 2014, desertion for at least three years is a valid ground for dissolution of a Christian marriage. The court therefore allowed the petition and dissolved the marriage. Regarding custody, the court noted that the child, SM, was now an adult and could decide for herself whom to live with, but ordered that the Respondent continue to...

Court Disposition

Petition allowed; marriage dissolved; no order as to costs; no custody order made.

Orders

  • The marriage between the Petitioner and the Respondent is dissolved.
  • No custody order is made as the child is now an adult.