[2002] KEHC 554 (KLR)

[2002] KEHC 554 (KLR)

The court found that the petitioner had proved, on a balance of probabilities, that the respondent committed adultery by engaging in sexual relations with another man in the matrimonial home. The court was satisfied that the petitioner neither condoned nor connived at the act. The respondent's failure to contest the petition and her subsequent conduct, including moving out and leaving the children with the petitioner, further supported the petitioner's case. The court concluded that the respondent's adulterous associations caused the irretrievable breakdown of the marriage. Accordingly, the court ordered the dissolution of the marriage and awarded custody of the three children to the...

Citation
[2002] KEHC 554 (KLR)
Parties
Petitioner: C O A; Respondent: G A A
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
19 September 2002
Case Number
? 213 of ??
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved; custody of children to petitioner; access to respondent
Judges
JA Aluoch
Legal Topics
Dissolution of Marriage, Adultery, Custody of Children
Source Language
English
Family and Children Dissolution of Marriage Adultery Custody of Children

Case Brief

Summary, issues, holding and outcome

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Parties

C O A

Petitioner

G A A

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent committed adultery, thereby entitling the petitioner to a dissolution of marriage.
  2. 2 Whether the petitioner condoned or connived at the respondent's adultery.
  3. 3 Who should be awarded custody of the children of the marriage.

Ratio Decidendi

The court found that the petitioner had proved, on a balance of probabilities, that the respondent committed adultery by engaging in sexual relations with another man in the matrimonial home. The court was satisfied that the petitioner neither condoned nor connived at the act. The respondent's failure to contest the petition and her subsequent conduct, including moving out and leaving the children with the petitioner, further supported the petitioner's case. The court concluded that the respondent's adulterous associations caused the irretrievable breakdown of the marriage. Accordingly, the court ordered the dissolution of the marriage and awarded custody of the three children to the...

Court Disposition

petition allowed; marriage dissolved; custody of children to petitioner; access to respondent

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • Custody of the three children of the marriage is awarded to the petitioner.