[2012] KEHC 4890 (KLR)

[2012] KEHC 4890 (KLR)

The court found that the petitioner had proved, on a balance of probabilities, that the respondent had committed adultery, entered into a bigamous relationship, and deserted the petitioner since December 2008. The evidence was uncontroverted as the respondent failed to appear or defend the petition. The court held that the marriage had irretrievably broken down and that the petitioner was entitled to dissolution of the marriage. The court further found that the petitioner should be granted custody of the minor child, as the respondent had shown no interest in the child. Costs were awarded to the petitioner due to the respondent's conduct and failure to participate in the proceedings.

Citation
[2012] KEHC 4890 (KLR)
Parties
Applicant: H. A. L.; Respondent: P. L. O.
Court
High Court
Court Station
High Court at Kisii
Jurisdiction
Kenya
Judgment Date
28 February 2012
Case Number
Divorce Cause 6 of 2010
Procedural Posture
Divorce Cause / Final Judgment
Outcome
Petition allowed. Marriage dissolved. Custody of minor child granted to petitioner. Costs to petitioner.
Legal Topics
Divorce, Adultery, Custody of Children, Desertion
Source Language
English
Family and Children Divorce Adultery Custody of Children Desertion

Case Brief

Summary, issues, holding and outcome

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Parties

H. A. L.

Applicant

P. L. O.

Respondent

Procedural Posture

Divorce Cause / Final Judgment

Legal Issues

  1. 1 Whether the petitioner has proved grounds for dissolution of marriage under the Marriage Act and Matrimonial Causes Act.
  2. 2 Whether the petitioner is entitled to custody of the minor child of the marriage.
  3. 3 Whether the respondent should bear the costs of the proceedings.

Ratio Decidendi

The court found that the petitioner had proved, on a balance of probabilities, that the respondent had committed adultery, entered into a bigamous relationship, and deserted the petitioner since December 2008. The evidence was uncontroverted as the respondent failed to appear or defend the petition. The court held that the marriage had irretrievably broken down and that the petitioner was entitled to dissolution of the marriage. The court further found that the petitioner should be granted custody of the minor child, as the respondent had shown no interest in the child. Costs were awarded to the petitioner due to the respondent's conduct and failure to participate in the proceedings.

Court Disposition

Petition allowed. Marriage dissolved. Custody of minor child granted to petitioner. Costs to petitioner.

Orders

  • The marriage between the petitioner and respondent is dissolved and a decree nisi is issued.
  • The decree nisi may be confirmed within three months or such shorter period as the court may deem fit.