[2000] KEHC 229 (KLR)

[2000] KEHC 229 (KLR)

The court found that the respondent had treated the petitioner and the children with cruelty by physically assaulting them on several occasions, making further cohabitation impossible. The evidence established that the marriage had irretrievably broken down. On this basis, the court dissolved the marriage, granted...

Source-derived case information.

Citation
[2000] KEHC 229 (KLR)
Parties
Petitioner: J K J; Respondent: J S J
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
27 October 2000
Case Number
Divorce Cause 112 of ??
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Divorce, Custody of Children, Maintenance Orders
Source Language
english
Family and Children Divorce Custody of Children Maintenance Orders

Source-derived case record

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 1 Party arguments 2
Sign in to unlock

Parties

J K J

Petitioner

J S J

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent treated the petitioner and children with cruelty warranting dissolution of marriage.
  2. 2 Whether the marriage has irretrievably broken down.
  3. 3 Who should have custody of the children and responsibility for maintenance.

Ratio Decidendi

The court found that the respondent had treated the petitioner and the children with cruelty by physically assaulting them on several occasions, making further cohabitation impossible. The evidence established that the marriage had irretrievably broken down. On this basis, the court dissolved the marriage, granted custody of the children to the petitioner, and ordered the respondent to provide maintenance for both the petitioner and the children. The court also ordered that the costs of the suit be borne by the petitioner and issued a decree nisi for two weeks.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • The petitioner shall have custody of the children of the marriage.