[2014] KEHC 4117 (KLR)

[2014] KEHC 4117 (KLR)

The court found that while the petitioner failed to prove cruelty and adultery with credible evidence, he established the ground of desertion as the respondent had left the matrimonial home without consent and remained away for over three years. This desertion constituted sufficient reason for dissolution of the marriage under the Marriage Act. The court also found that the marriage had irretrievably broken down and was beyond salvage. Custody of the children was to remain as per the current living arrangements, with each party retaining custody of the children already living with them.

Citation
[2014] KEHC 4117 (KLR)
Parties
Petitioner: D W M; Respondent: D L W
Court
High Court
Court Station
High Court at Kitale
Jurisdiction
Kenya
Judgment Date
3 July 2014
Case Number
Divorce Cause 6 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Divorce, Custody of Children, Matrimonial Breakdown
Source Language
English
Family and Children Divorce Custody of Children Matrimonial Breakdown

Case Brief

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Parties

D W M

Petitioner

D L W

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner has established grounds for dissolution of marriage under the Marriage Act.
  2. 2 Whether the petitioner is entitled to custody of the children of the marriage.
  3. 3 Whether the respondent's alleged cruelty, adultery, and desertion are proved.

Ratio Decidendi

The court found that while the petitioner failed to prove cruelty and adultery with credible evidence, he established the ground of desertion as the respondent had left the matrimonial home without consent and remained away for over three years. This desertion constituted sufficient reason for dissolution of the marriage under the Marriage Act. The court also found that the marriage had irretrievably broken down and was beyond salvage. Custody of the children was to remain as per the current living arrangements, with each party retaining custody of the children already living with them.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the petitioner and the respondent is dissolved.
  • Each party shall have custody of the children already living with them respectively.