[2010] KEHC 562 (KLR)

[2010] KEHC 562 (KLR)

The court found that the petitioner had proved, on unchallenged evidence, that the respondent was guilty of adultery, cruelty, and desertion. The respondent failed to contest or answer the petition, and the allegations were therefore taken as true. The marriage had irretrievably broken down, and the petitioner was...

Source-derived case information.

Citation
[2010] KEHC 562 (KLR)
Parties
Petitioner: C.C; Respondent: J.M.K
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
15 December 2010
Case Number
Divorce Cause 11 of 2008
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed; marriage dissolved; custody of children granted to petitioner; each party to bear own costs.
Judges
PM Mwilu
Legal Topics
Divorce, Matrimonial Offences, Custody of Children, Adultery, Cruelty, Desertion
Source Language
english
Family and Children Divorce Matrimonial Offences Custody of Children Adultery Cruelty Desertion

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Summary, issues, holding and outcome

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Parties

C.C

Petitioner

J.M.K

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent committed matrimonial offences of adultery, cruelty, and desertion.
  2. 2 Whether the petitioner is entitled to dissolution of marriage.
  3. 3 Whether the petitioner should be granted custody of the children.

Ratio Decidendi

The court found that the petitioner had proved, on unchallenged evidence, that the respondent was guilty of adultery, cruelty, and desertion. The respondent failed to contest or answer the petition, and the allegations were therefore taken as true. The marriage had irretrievably broken down, and the petitioner was entitled to dissolution of the marriage. The court also found that the petitioner was the primary caregiver of the children, who had always lived with her, and there was no challenge to her prayer for custody. Accordingly, the court granted the orders sought for dissolution of the marriage and custody of the children to the petitioner.

Court Disposition

Petition allowed; marriage dissolved; custody of children granted to petitioner; each party to bear own costs.

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • A decree nisi shall issue and be made absolute after three months.