[2004] KEHC 1718 (KLR)

[2004] KEHC 1718 (KLR)

The court found that the petitioner had provided unchallenged and credible evidence of cruelty by the respondent, which led to the breakdown of the marriage. The respondent did not contest the petition or present any evidence in his defense. The court was satisfied that the marriage was irretrievably broken down and that the petitioner had not colluded or condoned the cruelty. Accordingly, the court granted the divorce, issued a decree nisi for three months, and awarded custody, care, and control of the children to the petitioner, with visitation rights to the respondent and an order for the respondent to pay school fees and medical insurance for the children.

Citation
[2004] KEHC 1718 (KLR)
Parties
Petitioner: C.R.K.B; Respondent: J.B
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
1 July 2004
Case Number
Divorce Cause 120 of 2000
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed. Divorce granted.
Judges
FI Koome
Legal Topics
Divorce, Cruelty, Child Custody, Child Maintenance
Source Language
English
Family and Children Divorce Cruelty Child Custody Child Maintenance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

C.R.K.B

Petitioner

J.B

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner has proved cruelty by the respondent to the required standard.
  2. 2 Whether the marriage between the petitioner and respondent has irretrievably broken down.
  3. 3 Whether the petitioner is entitled to a decree of divorce and custody of the children.

Ratio Decidendi

The court found that the petitioner had provided unchallenged and credible evidence of cruelty by the respondent, which led to the breakdown of the marriage. The respondent did not contest the petition or present any evidence in his defense. The court was satisfied that the marriage was irretrievably broken down and that the petitioner had not colluded or condoned the cruelty. Accordingly, the court granted the divorce, issued a decree nisi for three months, and awarded custody, care, and control of the children to the petitioner, with visitation rights to the respondent and an order for the respondent to pay school fees and medical insurance for the children.

Court Disposition

Petition allowed. Divorce granted.

Orders

  • Decree nisi to issue for a period of 3 months and to be made absolute on application.
  • Petitioner to have custody, care, and control of the three children.