[2013] KEHC 5564 (KLR)

[2013] KEHC 5564 (KLR)

The court found that the petitioner’s allegations of desertion, cruelty, and infidelity were uncontroverted, as the respondent failed to file an answer or contest the petition. There was no evidence of collusion or condonation. The court was satisfied that the marriage had irretrievably broken down and that the grounds for dissolution were established. Accordingly, the court decreed the dissolution of the marriage and granted custody of the minor child to the petitioner, with unlimited access to the respondent.

Citation
[2013] KEHC 5564 (KLR)
Parties
Applicant: F G N; Respondent: E W G
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
20 July 2013
Case Number
Divorce Cause 149 of 2008
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved; custody granted to petitioner; no order as to costs
Judges
DN Musyoka
Legal Topics
Divorce, Custody of Children, Matrimonial Offences
Source Language
English
Family and Children Divorce Custody of Children Matrimonial Offences

Case Brief

Summary, issues, holding and outcome

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Parties

F G N

Applicant

E W G

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner, amounting to a ground for divorce.
  2. 2 Whether the respondent was guilty of cruelty and infidelity as alleged by the petitioner.
  3. 3 Whether the marriage has irretrievably broken down and should be dissolved.

Ratio Decidendi

The court found that the petitioner’s allegations of desertion, cruelty, and infidelity were uncontroverted, as the respondent failed to file an answer or contest the petition. There was no evidence of collusion or condonation. The court was satisfied that the marriage had irretrievably broken down and that the grounds for dissolution were established. Accordingly, the court decreed the dissolution of the marriage and granted custody of the minor child to the petitioner, with unlimited access to the respondent.

Court Disposition

petition allowed; marriage dissolved; custody granted to petitioner; no order as to costs

Orders

  • The marriage celebrated between the petitioner and respondent on 30th September 1996 is hereby dissolved.
  • Decreenisi to issue forthwith and to be made absolute after thirty (30) days.