[2013] KEHC 5703 (KLR)

[2013] KEHC 5703 (KLR)

The court found that the petitioner had established, on a balance of probabilities, that the respondent committed adultery, deserted the matrimonial home, and was guilty of cruelty. The evidence was uncontroverted as the respondent did not defend the petition. The court was satisfied that the marriage had irretrievably broken down and that there was no collusion or condonation. On the issue of the minor child, the court determined that joint custody was appropriate, with physical custody to the respondent and access to the petitioner, considering the best interests of the child. The court therefore allowed the petition and ordered the dissolution of the marriage, with appropriate custody...

Citation
[2013] KEHC 5703 (KLR)
Parties
Petitioner: J M; Respondent: E K
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
27 June 2013
Case Number
Divorce Cause 67 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed; marriage dissolved; joint custody of child granted; no order as to costs.
Judges
DN Musyoka
Legal Topics
Divorce, Adultery, Cruelty, Child Custody, Matrimonial Breakdown
Source Language
English
Family and Children Divorce Adultery Cruelty Child Custody Matrimonial Breakdown

Case Brief

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Parties

J M

Petitioner

E K

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent committed adultery during the subsistence of the marriage.
  2. 2 Whether the respondent was guilty of cruelty and desertion towards the petitioner.
  3. 3 Whether the marriage between the petitioner and respondent has irretrievably broken down.

Ratio Decidendi

The court found that the petitioner had established, on a balance of probabilities, that the respondent committed adultery, deserted the matrimonial home, and was guilty of cruelty. The evidence was uncontroverted as the respondent did not defend the petition. The court was satisfied that the marriage had irretrievably broken down and that there was no collusion or condonation. On the issue of the minor child, the court determined that joint custody was appropriate, with physical custody to the respondent and access to the petitioner, considering the best interests of the child. The court therefore allowed the petition and ordered the dissolution of the marriage, with appropriate custody...

Court Disposition

Petition allowed; marriage dissolved; joint custody of child granted; no order as to costs.

Orders

  • The marriage celebrated between the petitioner and respondent on 27th February 2008 is dissolved.
  • Decreenisi to issue forthwith, to be made absolute after thirty (30) days.