[2010] KEHC 2811 (KLR)

[2010] KEHC 2811 (KLR)

Although the petitioner failed to prove the statutory grounds of adultery and cruelty to the required standard, the court found that both parties had lived apart for six years and neither wished to continue the marriage. The respondent did not contest the petition, and both parties appeared to have moved on with their lives, maintaining an amicable relationship for the sake of their child. The court held that it would not force parties to remain in a marriage that had ceased to have meaning for them and that the marriage had irretrievably broken down. Accordingly, the court exercised its discretion to dissolve the marriage, awarded custody of the minor child MNM to the respondent, granted...

Citation
[2010] KEHC 2811 (KLR)
Parties
Applicant: EMN; Respondent: NWM
Court
High Court
Court Station
High Court at Embu
Jurisdiction
Kenya
Judgment Date
10 May 2010
Case Number
Divorce Cause 1 of 2008
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for divorce allowed; marriage dissolved.
Legal Topics
Divorce Proceedings, Custody of Children, Irretrievable Breakdown of Marriage
Source Language
English
Family and Children Divorce Proceedings Custody of Children Irretrievable Breakdown of Marriage

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 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

EMN

Applicant

NWM

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner has proved grounds for divorce as required by law.
  2. 2 Whether the marriage between the petitioner and respondent should be dissolved despite lack of statutory grounds being proved.
  3. 3 Who should be awarded custody of the minor child MNM.

Ratio Decidendi

Although the petitioner failed to prove the statutory grounds of adultery and cruelty to the required standard, the court found that both parties had lived apart for six years and neither wished to continue the marriage. The respondent did not contest the petition, and both parties appeared to have moved on with their lives, maintaining an amicable relationship for the sake of their child. The court held that it would not force parties to remain in a marriage that had ceased to have meaning for them and that the marriage had irretrievably broken down. Accordingly, the court exercised its discretion to dissolve the marriage, awarded custody of the minor child MNM to the respondent, granted...

Court Disposition

Petition for divorce allowed; marriage dissolved.

Orders

  • The marriage between the petitioner and respondent is dissolved; decree nisi to issue; either party may apply for decree absolute after six months from the date of judgment.
  • Custody of MNM is awarded to the respondent.