[2011] KEHC 3152 (KLR)

[2011] KEHC 3152 (KLR)

The court found that the marriage between the petitioner and the 1st respondent had irretrievably broken down. The evidence showed that the parties no longer cohabited, the essential bonds of marriage had collapsed, and the 1st respondent had formed relationships outside the marriage, including with the 2nd...

Source-derived case information.

Citation
[2011] KEHC 3152 (KLR)
Parties
Applicant: E.T. M; Respondent: R.W; Respondent: M.M.M
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
1 April 2011
Case Number
Divorce Cause 31 of 2008
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed; decree nisi of divorce granted; unlimited access to child L.R. granted to petitioner; each party to bear own costs.
Judges
JB Ojwang
Legal Topics
Divorce, Matrimonial Offences, Custody and Access, Adultery, Cruelty, Desertion
Source Language
english
Family and Children Divorce Matrimonial Offences Custody and Access Adultery Cruelty Desertion

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Summary, issues, holding and outcome

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Parties

E.T. M

Applicant

R.W

Respondent

M.M.M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and 1st respondent has irretrievably broken down.
  2. 2 Whether the 1st respondent is guilty of cruelty and adultery as alleged by the petitioner.
  3. 3 Whether the petitioner is entitled to a decree of divorce and access to the child L.R.

Ratio Decidendi

The court found that the marriage between the petitioner and the 1st respondent had irretrievably broken down. The evidence showed that the parties no longer cohabited, the essential bonds of marriage had collapsed, and the 1st respondent had formed relationships outside the marriage, including with the 2nd respondent. The court held that when the primary incidents of marriage are nullified and the exclusive joys of marital union are shared with outsiders, the marriage is undermined and should be dissolved. The petitioner was therefore entitled to a decree nisi of divorce and unlimited access to the child of the marriage, L.R. Each party was ordered to bear their own costs.

Court Disposition

Petition allowed; decree nisi of divorce granted; unlimited access to child L.R. granted to petitioner; each party to bear own costs.

Orders

  • A decree nisi of divorce is granted, to be made absolute upon application.
  • The petitioner is granted unlimited access to the child L.R.