[2019] KEHC 5741 (KLR)

[2019] KEHC 5741 (KLR)

The court found that the petitioner had adduced uncontroverted evidence of adultery, cruelty, and desertion by the respondent, which are recognized grounds for dissolution of marriage. The court further held that these acts constituted evidence of irretrievable breakdown of the marriage as contemplated under section 66(2)(e) of the Marriage Act, 2014. The court was satisfied that the marriage had irreversibly broken down, with no hope of resumption of spousal duties, and that the petitioner was entitled to the relief sought. Custody of the children was granted to the petitioner, as they were already under her care and no contrary evidence was presented.

Citation
[2019] KEHC 5741 (KLR)
Parties
Applicant: JAO; Respondent: FOO
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
4 July 2019
Case Number
Divorce Cause 4 of 2018
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved; custody granted to petitioner; no order as to costs
Judges
OA Sewe
Legal Topics
Divorce, Irretrievable Breakdown, Custody of Children, Adultery, Cruelty, Desertion
Source Language
English
Family and Children Divorce Irretrievable Breakdown Custody of Children Adultery Cruelty Desertion

Case Brief

Summary, issues, holding and outcome

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Parties

JAO

Applicant

FOO

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner has proved grounds for dissolution of marriage, including adultery, cruelty, and desertion.
  2. 2 Whether the marriage has irretrievably broken down under the Marriage Act, 2014.
  3. 3 Who should have custody of the children of the marriage.

Ratio Decidendi

The court found that the petitioner had adduced uncontroverted evidence of adultery, cruelty, and desertion by the respondent, which are recognized grounds for dissolution of marriage. The court further held that these acts constituted evidence of irretrievable breakdown of the marriage as contemplated under section 66(2)(e) of the Marriage Act, 2014. The court was satisfied that the marriage had irreversibly broken down, with no hope of resumption of spousal duties, and that the petitioner was entitled to the relief sought. Custody of the children was granted to the petitioner, as they were already under her care and no contrary evidence was presented.

Court Disposition

petition allowed; marriage dissolved; custody granted to petitioner; no order as to costs

Orders

  • The marriage between the petitioner and respondent solemnized on 5 June 2012 is dissolved.
  • A Decree Nisi is issued to be made absolute after 30 days.