[2009] KEHC 3912 (KLR)

[2009] KEHC 3912 (KLR)

The court found that the petitioner had proved, on a balance of probabilities, that the respondent had deserted the matrimonial home without justifiable cause and had been cruel to the petitioner and his relatives. The evidence, including the respondent's repeated desertions and the lack of any defense, established that the marriage had irretrievably broken down. The court was satisfied that the petitioner had not colluded with the respondent nor condoned the acts of cruelty. Given that the petitioner had been caring for the children since the respondent's desertion, the court found it in the best interests of the children to grant custody to the petitioner. The petition was therefore...

Citation
[2009] KEHC 3912 (KLR)
Parties
Petitioner: IMJ; Respondent: MKI
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
27 March 2009
Case Number
Divorce Cause 15 of 2008
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved; custody of children granted to petitioner
Judges
FI Koome
Legal Topics
Divorce, Custody of Children, Matrimonial Cruelty
Source Language
English
Family and Children Divorce Custody of Children Matrimonial Cruelty

Case Brief

Summary, issues, holding and outcome

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Parties

IMJ

Petitioner

MKI

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the matrimonial home without justifiable cause.
  2. 2 Whether the respondent was guilty of cruelty towards the petitioner and his relatives.
  3. 3 Whether the marriage between the petitioner and respondent had irretrievably broken down.

Ratio Decidendi

The court found that the petitioner had proved, on a balance of probabilities, that the respondent had deserted the matrimonial home without justifiable cause and had been cruel to the petitioner and his relatives. The evidence, including the respondent's repeated desertions and the lack of any defense, established that the marriage had irretrievably broken down. The court was satisfied that the petitioner had not colluded with the respondent nor condoned the acts of cruelty. Given that the petitioner had been caring for the children since the respondent's desertion, the court found it in the best interests of the children to grant custody to the petitioner. The petition was therefore...

Court Disposition

petition allowed; marriage dissolved; custody of children granted to petitioner

Orders

  • The marriage solemnized between the petitioner and respondent is dissolved.
  • A decree nisi shall issue and remain in force for three months, after which it shall be made absolute if no application is made.