[2005] KEHC 1998 (KLR)

[2005] KEHC 1998 (KLR)

The court found that the petitioner had proved, on a balance of probabilities, that the respondent was guilty of cruelty, as evidenced by unchallenged testimony of physical and verbal abuse, threats, and other acts. There was no evidence that the petitioner had condoned or connived at the respondent's conduct. The marriage had irretrievably broken down, justifying its dissolution. The petitioner, having had custody of the children since leaving the matrimonial home and being able to provide for them, was granted custody. The parties had made their own arrangements for the respondent's access to the children, which the court directed them to continue observing. Given the nature of the...

Citation
[2005] KEHC 1998 (KLR)
Parties
Petitioner: E.M.M; Respondent: D.M.T
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
14 July 2005
Case Number
Divorce Cause 9 of 2003
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed; marriage dissolved; custody of children granted to petitioner; each party to bear own costs.
Judges
JA Aluoch
Legal Topics
Divorce, Custody of Children, Cruelty, Adultery, Desertion
Source Language
English
Family and Children Divorce Custody of Children Cruelty Adultery Desertion

Case Brief

Summary, issues, holding and outcome

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Parties

E.M.M

Petitioner

D.M.T

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent's acts amounted to cruelty justifying dissolution of marriage.
  2. 2 Whether the petitioner condoned or connived at the respondent's acts of cruelty, adultery, or desertion.
  3. 3 Whether the petitioner is entitled to custody of the two 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, as evidenced by unchallenged testimony of physical and verbal abuse, threats, and other acts. There was no evidence that the petitioner had condoned or connived at the respondent's conduct. The marriage had irretrievably broken down, justifying its dissolution. The petitioner, having had custody of the children since leaving the matrimonial home and being able to provide for them, was granted custody. The parties had made their own arrangements for the respondent's access to the children, which the court directed them to continue observing. Given the nature of the...

Court Disposition

Petition allowed; marriage dissolved; custody of children granted to petitioner; each party to bear own costs.

Orders

  • Decree nisi to issue immediately and to be made absolute within one month.
  • Marriage between petitioner and respondent dissolved.