[2013] KEHC 3396 (KLR)

[2013] KEHC 3396 (KLR)

The court found that the petitioner had proved, on a balance of probabilities, that the respondent was guilty of cruelty, desertion, and adultery, and that the marriage had irretrievably broken down. The respondent did not challenge the petitioner's evidence or pleadings. The court also considered the agreement executed by both parties regarding custody and maintenance of the children, noting that both parties voluntarily agreed to its terms. In line with established legal principles, particularly regarding the custody of young girls, the court granted actual custody to the respondent (mother) with reasonable access to the petitioner. The petitioner's claim for maintenance was rejected...

Citation
[2013] KEHC 3396 (KLR)
Parties
Applicant: D.M.M; Respondent: E.W.N
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
23 May 2013
Case Number
Divorce Cause 2 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed in part
Judges
AN Makau
Legal Topics
Divorce, Custody of Children, Maintenance, Matrimonial Property Settlement
Source Language
English
Family and Children Divorce Custody of Children Maintenance Matrimonial Property Settlement

Case Brief

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Parties

D.M.M

Applicant

E.W.N

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has irretrievably broken down and should be dissolved.
  2. 2 Whether the respondent is guilty of cruelty, desertion, and adultery as alleged by the petitioner.
  3. 3 Who should have custody, care, and control of the minor children of the marriage.

Ratio Decidendi

The court found that the petitioner had proved, on a balance of probabilities, that the respondent was guilty of cruelty, desertion, and adultery, and that the marriage had irretrievably broken down. The respondent did not challenge the petitioner's evidence or pleadings. The court also considered the agreement executed by both parties regarding custody and maintenance of the children, noting that both parties voluntarily agreed to its terms. In line with established legal principles, particularly regarding the custody of young girls, the court granted actual custody to the respondent (mother) with reasonable access to the petitioner. The petitioner's claim for maintenance was rejected...

Court Disposition

petition allowed in part

Orders

  • The marriage solemnized between the petitioner and the respondent on 8th June, 2006 is dissolved.
  • The agreement dated 30th May, 2012 executed by the petitioner and respondent is incorporated as part of the judgment as regards paragraphs 10 and 16.