[2013] KEHC 770 (KLR)

[2013] KEHC 770 (KLR)

The court found that the marriage between the Petitioner and Respondent had irretrievably broken down, as evidenced by their separation for more than four years and mutual lack of desire to sustain the marriage. The Petitioner established the matrimonial offence of desertion on a balance of probabilities. Both parties agreed that the marriage was a mistake and beyond salvage. The court therefore granted the petition for divorce, dissolved the marriage, and issued a decree nisi. The court ordered joint custody of the children, with physical custody to the Petitioner and unlimited access to the Respondent. The issue of maintenance was referred to the Children's Court, which has the...

Citation
[2013] KEHC 770 (KLR)
Parties
Petitioner: C M U; Respondent: V P U
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
8 November 2013
Case Number
Divorce Cause 35 of 2009
Procedural Posture
Divorce Cause / Judgment
Outcome
petition for divorce granted; marriage dissolved; joint custody of children ordered; maintenance to be determined by Children's Court; no order as to costs.
Judges
LK Kimaru
Legal Topics
Divorce, Custody of Children, Matrimonial Offences, Maintenance of Children
Source Language
English
Family and Children Divorce Custody of Children Matrimonial Offences Maintenance of Children

Case Brief

Summary, issues, holding and outcome

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Parties

C M U

Petitioner

V P U

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 or Respondent is entitled to a decree of divorce based on cruelty, adultery, or desertion.
  3. 3 Who should have custody and care of the children of the marriage.

Ratio Decidendi

The court found that the marriage between the Petitioner and Respondent had irretrievably broken down, as evidenced by their separation for more than four years and mutual lack of desire to sustain the marriage. The Petitioner established the matrimonial offence of desertion on a balance of probabilities. Both parties agreed that the marriage was a mistake and beyond salvage. The court therefore granted the petition for divorce, dissolved the marriage, and issued a decree nisi. The court ordered joint custody of the children, with physical custody to the Petitioner and unlimited access to the Respondent. The issue of maintenance was referred to the Children's Court, which has the...

Court Disposition

petition for divorce granted; marriage dissolved; joint custody of children ordered; maintenance to be determined by Children's Court; no order as to costs.

Orders

  • The marriage celebrated on 4th June 2004 between the Petitioner and Respondent is dissolved.
  • Decree nisi dissolving the marriage is issued, to be made absolute thirty days from the date of judgment.