[2011] KEHC 3345 (KLR)

[2011] KEHC 3345 (KLR)

The court found that the petitioner had established, on a balance of probabilities, the matrimonial offences of cruelty, desertion, and adultery by the respondent. The evidence presented by the petitioner was uncontroverted, as the respondent did not participate in the proceedings. The court was satisfied that the marriage had irretrievably broken down, with the parties having been separated for more than ten years and the respondent residing abroad. The court therefore dissolved the marriage. The request for custody of the child was denied because the child was over eighteen years old and thus not legally a child. No order as to costs was made.

Citation
[2011] KEHC 3345 (KLR)
Parties
Petitioner: G.M; Respondent: M.M
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
11 March 2011
Case Number
Divorce Cause 86 of 2007
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed in part
Judges
LK Kimaru
Legal Topics
Divorce, Matrimonial Offences, Custody of Children
Source Language
English
Family and Children Divorce Matrimonial Offences Custody of Children

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

G.M

Petitioner

M.M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner has established grounds for divorce of cruelty, desertion, and adultery.
  2. 2 Whether the petitioner is entitled to custody of the child of the marriage.

Ratio Decidendi

The court found that the petitioner had established, on a balance of probabilities, the matrimonial offences of cruelty, desertion, and adultery by the respondent. The evidence presented by the petitioner was uncontroverted, as the respondent did not participate in the proceedings. The court was satisfied that the marriage had irretrievably broken down, with the parties having been separated for more than ten years and the respondent residing abroad. The court therefore dissolved the marriage. The request for custody of the child was denied because the child was over eighteen years old and thus not legally a child. No order as to costs was made.

Court Disposition

petition allowed in part

Orders

  • The marriage celebrated between the petitioner and the respondent on 27th November 1992 is dissolved.
  • A decree nisi dissolving the marriage is issued, to be made absolute thirty (30) days from the date of judgment.