[2010] KEHC 3553 (KLR)

[2010] KEHC 3553 (KLR)

The court found that the petitioner had proved cruelty through medical evidence of assault, desertion by evidence of prolonged separation after being chased from the matrimonial home, and adultery by unchallenged evidence that the respondent infected her with HIV. The respondent's failure to defend the petition meant the petitioner's evidence was uncontroverted. The court concluded that all statutory grounds for dissolution of marriage were established and that the marriage had broken down irretrievably. Accordingly, the court ordered the marriage dissolved and granted a decree nisi for three months.

Citation
[2010] KEHC 3553 (KLR)
Parties
Applicant: E.N.W.; Respondent: A.A.
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
4 March 2010
Case Number
Divorce Cause 12 of 2008
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Divorce, Cruelty, Adultery, Desertion, Child Custody
Source Language
English
Family and Children Divorce Cruelty Adultery Desertion Child Custody

Case Brief

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Parties

E.N.W.

Applicant

A.A.

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner has proved grounds for dissolution of marriage including cruelty, desertion, and adultery.
  2. 2 Whether the petitioner is entitled to custody of the children of the marriage.

Ratio Decidendi

The court found that the petitioner had proved cruelty through medical evidence of assault, desertion by evidence of prolonged separation after being chased from the matrimonial home, and adultery by unchallenged evidence that the respondent infected her with HIV. The respondent's failure to defend the petition meant the petitioner's evidence was uncontroverted. The court concluded that all statutory grounds for dissolution of marriage were established and that the marriage had broken down irretrievably. Accordingly, the court ordered the marriage dissolved and granted a decree nisi for three months.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the petitioner and respondent is dissolved for having broken down irretrievably.
  • A decree nisi shall issue for three months.