[2006] KEHC 856 (KLR)

[2006] KEHC 856 (KLR)

The court found that the respondent's conduct—specifically, his use of abusive language, total neglect of the family, failure to provide for the child, and desertion since 2002—constituted cruelty and desertion under the law. The petitioner's evidence was uncontroverted and credible. The court was satisfied that the petitioner had not condoned, connived, or colluded in the acts of cruelty or desertion. Accordingly, the court held that the grounds for dissolution of marriage were established. Regarding custody, the court accepted that the petitioner had been solely responsible for the child's welfare since birth and that it was in the best interests of the child to grant custody, care, and...

Citation
[2006] KEHC 856 (KLR)
Parties
Petitioner: E.W.C; Respondent: J.K
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
3 November 2006
Case Number
Divorce Cause 78 of 2005
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed. Marriage dissolved. Custody of child granted to petitioner. No order as to costs.
Judges
KH Rawal
Legal Topics
Divorce, Child Custody, Cruelty, Desertion
Source Language
English
Family and Children Divorce Child Custody Cruelty Desertion

Case Brief

Summary, issues, holding and outcome

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Parties

E.W.C

Petitioner

J.K

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent's conduct amounts to cruelty and desertion justifying dissolution of marriage.
  2. 2 Whether the petitioner is entitled to custody, care, and control of the child of the marriage.

Ratio Decidendi

The court found that the respondent's conduct—specifically, his use of abusive language, total neglect of the family, failure to provide for the child, and desertion since 2002—constituted cruelty and desertion under the law. The petitioner's evidence was uncontroverted and credible. The court was satisfied that the petitioner had not condoned, connived, or colluded in the acts of cruelty or desertion. Accordingly, the court held that the grounds for dissolution of marriage were established. Regarding custody, the court accepted that the petitioner had been solely responsible for the child's welfare since birth and that it was in the best interests of the child to grant custody, care, and...

Court Disposition

Petition allowed. Marriage dissolved. Custody of child granted to petitioner. No order as to costs.

Orders

  • The marriage solemnized between the parties is dissolved.
  • Decree nisi to be made absolute within 90 days from the date hereof.