[2009] KEHC 2271 (KLR)

[2009] KEHC 2271 (KLR)

The court found that the Respondent committed acts of adultery during the marriage, as evidenced by the Petitioner and corroborated by his brother. The Respondent admitted to adultery in a family meeting, and there was no evidence of condonation or collusion by the Petitioner. The marriage was deemed to have irretrievably broken down due to the Respondent's conduct. The Petitioner, having been left with the care of the three minor children, was found suitable for custody, care, and control. The court granted a decree nisi for dissolution of the marriage, to be made absolute within 60 days, and awarded custody of the children to the Petitioner.

Citation
[2009] KEHC 2271 (KLR)
Parties
Petitioner: HP; Respondent: SHD
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
4 June 2009
Case Number
Divorce Cause 93 of 2008
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed
Judges
KH Rawal
Legal Topics
Dissolution of Marriage, Adultery, Custody of Children
Source Language
English
Family and Children Dissolution of Marriage Adultery Custody of Children

Case Brief

Summary, issues, holding and outcome

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Parties

HP

Petitioner

SHD

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent committed acts of adultery during the subsistence of the marriage.
  2. 2 Whether the marriage has irretrievably broken down as a result of the Respondent's conduct.
  3. 3 Whether the Petitioner is entitled to custody, care, and control of the three minor children.

Ratio Decidendi

The court found that the Respondent committed acts of adultery during the marriage, as evidenced by the Petitioner and corroborated by his brother. The Respondent admitted to adultery in a family meeting, and there was no evidence of condonation or collusion by the Petitioner. The marriage was deemed to have irretrievably broken down due to the Respondent's conduct. The Petitioner, having been left with the care of the three minor children, was found suitable for custody, care, and control. The court granted a decree nisi for dissolution of the marriage, to be made absolute within 60 days, and awarded custody of the children to the Petitioner.

Court Disposition

petition allowed

Orders

  • Decree nisi of dissolution of the marriage solemnized on 2nd February, 1991 granted, to be made absolute within 60 days.
  • Custody, care, and control of the three minor daughters granted to the Petitioner.