[2012] KEHC 5846 (KLR)

[2012] KEHC 5846 (KLR)

The court found that the Petitioner had established, on a balance of probabilities, that the Respondent had committed acts of cruelty, including excessive alcohol consumption, endangering the children, and failing to contribute to the welfare of the family. The marriage was deemed to have irretrievably broken down. The Respondent did not contest the petition or appear in court, and the evidence of the Petitioner was unchallenged. The court concluded that the grounds for dissolution of marriage were satisfied and that the best interests of the children required that custody be granted to the Petitioner, with access to the Respondent as agreed or as directed by the court.

Citation
[2012] KEHC 5846 (KLR)
Parties
Petitioner: D. G. H.; Respondent: C. A. H.
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
25 September 2012
Case Number
Divorce Cause 116 of 2010
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved; custody of children to petitioner; costs to petitioner
Judges
DO Ogembo
Legal Topics
Divorce, Child Custody, Matrimonial Breakdown, Cruelty, Child Welfare
Source Language
English
Family and Children Divorce Child Custody Matrimonial Breakdown Cruelty Child Welfare

Case Brief

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Parties

D. G. H.

Petitioner

C. A. H.

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the Petitioner and the Respondent has irretrievably broken down to warrant dissolution.
  2. 2 Whether the Respondent committed acts of cruelty against the Petitioner.
  3. 3 Who should be granted custody of the children of the marriage.

Ratio Decidendi

The court found that the Petitioner had established, on a balance of probabilities, that the Respondent had committed acts of cruelty, including excessive alcohol consumption, endangering the children, and failing to contribute to the welfare of the family. The marriage was deemed to have irretrievably broken down. The Respondent did not contest the petition or appear in court, and the evidence of the Petitioner was unchallenged. The court concluded that the grounds for dissolution of marriage were satisfied and that the best interests of the children required that custody be granted to the Petitioner, with access to the Respondent as agreed or as directed by the court.

Court Disposition

petition allowed; marriage dissolved; custody of children to petitioner; costs to petitioner

Orders

  • The marriage between the Petitioner and the Respondent is hereby dissolved.
  • Custody of the children of the marriage is given to the Petitioner.