[2010] KEHC 105 (KLR)

[2010] KEHC 105 (KLR)

The court found that the petitioner had established, on a balance of probabilities, that the respondent committed adultery with E.C.M, with whom he had two children. The respondent failed to attend court to rebut these allegations or provide evidence for his counter-allegations of adultery against the petitioner. The court accepted the petitioner's evidence as uncontroverted and held that the statutory marriage, being monogamous, was violated by the respondent's conduct. The court concluded that the marriage should be dissolved on the ground of adultery, as provided under the Matrimonial Causes Act and the Marriage Act (Cap 150).

Citation
[2010] KEHC 105 (KLR)
Parties
Petitioner: F.C; Respondent: G.M.N
Court
High Court
Court Station
High Court at Malindi
Jurisdiction
Kenya
Judgment Date
15 December 2010
Case Number
Divorce Cause 11 of 2009
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
DO Ohungo
Legal Topics
Dissolution of Marriage, Adultery, Matrimonial Causes, Monogamous Marriage
Source Language
English
Family and Children Dissolution of Marriage Adultery Matrimonial Causes Monogamous Marriage

Case Brief

Summary, issues, holding and outcome

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Parties

F.C

Petitioner

G.M.N

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent committed adultery, justifying dissolution of the marriage.
  2. 2 Whether the petitioner condoned or connived in the alleged adultery.
  3. 3 Whether the respondent's counter-allegations of adultery against the petitioner were proved.

Ratio Decidendi

The court found that the petitioner had established, on a balance of probabilities, that the respondent committed adultery with E.C.M, with whom he had two children. The respondent failed to attend court to rebut these allegations or provide evidence for his counter-allegations of adultery against the petitioner. The court accepted the petitioner's evidence as uncontroverted and held that the statutory marriage, being monogamous, was violated by the respondent's conduct. The court concluded that the marriage should be dissolved on the ground of adultery, as provided under the Matrimonial Causes Act and the Marriage Act (Cap 150).

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • A decree nisi to issue and be made absolute after six months.