[2013] KEHC 796 (KLR)

[2013] KEHC 796 (KLR)

The court found that the Petitioner had proved, on a balance of probabilities, that the Respondent had committed acts of cruelty and adultery, including violence, threats, and extramarital affairs, some of which involved close relatives of the Petitioner. The evidence established that the parties had been separated for over three years and that the marriage had irretrievably broken down. The Respondent's failure to contest the petition further supported the Petitioner's case. Consequently, the court held that the grounds for dissolution of marriage had been met and granted the divorce, awarding custody of the child to the Petitioner.

Citation
[2013] KEHC 796 (KLR)
Parties
Applicant: E A M; Respondent: J B MaliasD M
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
22 November 2013
Case Number
Divorce Cause 156 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for divorce granted; marriage dissolved; custody of child awarded to Petitioner; no order as to costs.
Judges
LK Kimaru
Legal Topics
Divorce, Custody of Children, Matrimonial Offences, Adultery, Cruelty, Irretrievable Breakdown
Source Language
English
Family and Children Divorce Custody of Children Matrimonial Offences Adultery Cruelty Irretrievable Breakdown

Case Brief

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Parties

E A M

Applicant

J B MaliasD M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the Petitioner and the Respondent has irretrievably broken down.
  2. 2 Whether the Respondent committed acts of cruelty and adultery against the Petitioner.
  3. 3 Whether the Petitioner is entitled to custody of the child of the marriage.

Ratio Decidendi

The court found that the Petitioner had proved, on a balance of probabilities, that the Respondent had committed acts of cruelty and adultery, including violence, threats, and extramarital affairs, some of which involved close relatives of the Petitioner. The evidence established that the parties had been separated for over three years and that the marriage had irretrievably broken down. The Respondent's failure to contest the petition further supported the Petitioner's case. Consequently, the court held that the grounds for dissolution of marriage had been met and granted the divorce, awarding custody of the child to the Petitioner.

Court Disposition

Petition for divorce granted; marriage dissolved; custody of child awarded to Petitioner; no order as to costs.

Orders

  • The marriage solemnized at the District Commissioner’s Office, Kuria District on 17th March 2008 between the Petitioner and the Respondent is dissolved.
  • Decree nisi dissolving the said marriage is issued, to be made absolute three months from the date of judgment.