[2006] KEHC 799 (KLR)

[2006] KEHC 799 (KLR)

The court found that the marriage between the parties had irretrievably broken down, primarily due to the wife's lack of sympathy and support during the husband's period of unemployment, but also due to contributions from both parties. The evidence showed that the financial disparity and lack of mutual understanding led to constant strife and ultimately the total breakdown of the marriage. The court determined that both parties contributed to the breakdown, but the wife was more responsible due to her incapacity to support the husband emotionally during his difficulties. The court also found that the welfare of the minor child would be best served by granting care, custody, and control to...

Citation
[2006] KEHC 799 (KLR)
Parties
Applicant: E.M; Respondent: W.M
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
17 November 2006
Case Number
Divorce Cause 32 of 1999
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for dissolution of marriage allowed; marriage dissolved; custody of minor child granted to wife; no order as to costs.
Judges
KH Rawal
Legal Topics
Divorce, Custody of Children, Matrimonial Breakdown
Source Language
English
Family and Children Divorce Custody of Children Matrimonial Breakdown

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 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

E.M

Applicant

W.M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has irretrievably broken down and should be dissolved.
  2. 2 Whether either party is entitled to custody of the minor child.
  3. 3 Whether either party is entitled to costs.

Ratio Decidendi

The court found that the marriage between the parties had irretrievably broken down, primarily due to the wife's lack of sympathy and support during the husband's period of unemployment, but also due to contributions from both parties. The evidence showed that the financial disparity and lack of mutual understanding led to constant strife and ultimately the total breakdown of the marriage. The court determined that both parties contributed to the breakdown, but the wife was more responsible due to her incapacity to support the husband emotionally during his difficulties. The court also found that the welfare of the minor child would be best served by granting care, custody, and control to...

Court Disposition

Petition for dissolution of marriage allowed; marriage dissolved; custody of minor child granted to wife; no order as to costs.

Orders

  • The marriage solemnized on 22nd March, 1986 between the parties is dissolved.
  • The wife shall have care, custody, and control of the second born child.