[2014] KEHC 8525 (KLR)
The court found that the petitioner deserted the respondent and their children in 1999 and has since lived apart, constituting desertion. The petitioner also married another woman while still married to the respondent, amounting to adultery. These facts were not materially challenged. The court held that the...
Source-derived case information.
- Citation
- [2014] KEHC 8525 (KLR)
- Parties
- Petitioner: C K N; Respondent: J W K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 82 of 2013
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition dismissed; cross-petition allowed; marriage dissolved on grounds of desertion and adultery.
- Judges
- AO Muchelule
- Legal Topics
- Divorce, Adultery, Desertion, Child Custody, Maintenance, Irretrievable Breakdown
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
C K N
Petitioner
J W K
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the petitioner deserted the respondent and their children, constituting grounds for divorce.
- 2 Whether the petitioner committed adultery by marrying another woman while still married to the respondent.
- 3 Whether the marriage has irretrievably broken down, justifying dissolution.
Ratio Decidendi
The court found that the petitioner deserted the respondent and their children in 1999 and has since lived apart, constituting desertion. The petitioner also married another woman while still married to the respondent, amounting to adultery. These facts were not materially challenged. The court held that the marriage had irretrievably broken down and ordered its dissolution on the grounds of desertion and adultery. Regarding the minor child, V, the court granted legal custody to the respondent, with reasonable access to the petitioner, and directed the petitioner to continue paying for the education of V and E (if still in school), while the respondent would cater for their maintenance....
Court Disposition
Petition dismissed; cross-petition allowed; marriage dissolved on grounds of desertion and adultery.
Orders
- Decree nisi to issue and become absolute after 30 days.
- Legal custody of minor child V granted to respondent; petitioner to have reasonable access.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CAUSE NO. 82 OF 2013
C K N...............................................PETITIONER
VERSUS
J W K..........................................RESPONDENT
JUDGMENT
The petitioner and the respondent got married on 11th November 1994 under the Marriage Act (Cap 150) at the Registrar’s office in Nairobi. The marriage was blessed with four children as follows:-
P K born on 8th July 1985;
M N born on 23rd October 1989;
E N born on 10th July 1996; and
V W born 20th April 1999;
On 25th April 2013 the petitioner filed a petition seeking the dissolution of the marriage on the ground of cruelty. The respondent filed an answer on 25th July 2013 to oppose the petition, and filed this cross-petition for divorce on the grounds of cruelty, desertion and adultery.
When the case came for hearing on 21st November 2014 counsel for the petitioner informed the court that his client had abandoned the petition. The respondent prosecuted the cross-petition. She testified that the petitioner deserted her and the children on 10th December 1999 and moved to the U.S.A. where he has married another woman. He has come to Kenya twice or thrice but does not see her. He has seen the children once. He pays their fees. He has not tried to reconcile the parties. The testimony was not materially challenged.
I find that the petitioner deserted the respondent in 1999, and since then the parties have lived apart. That is a long time for a couple. The petitioner, I find has taken another wife. He is therefore guilty of adultery. The marriage has irretrievably broken down. The marriage is hereby dissolved on the grounds of desertion and adultery. Decree nisishall issue and shall become absolute after 30 days.
Of the children, V is below 18. The respondent shall have her legal custody, but the petitioner shall have reasonable access to her. The petitioner shall continue to pay for the education of V, and E, if he is still in school. The respondent shall cater for their maintenance. Costs of the cross petition shall be paid by the petitioner.
DATED and DELIVERED at NAIROBI this 28th November 2014.
A.O. MUCHELULE
JUDGE