[2010] KEHC 1055 (KLR)

[2010] KEHC 1055 (KLR)

The court found that the respondent established her cross-petition for divorce on the grounds of adultery, as the petitioner admitted to a long-standing relationship with V.M and having children with her during the subsistence of the marriage. The evidence showed that the parties had been separated for at least ten...

Source-derived case information.

Citation
[2010] KEHC 1055 (KLR)
Parties
Petitioner: J.K.S; Respondent: L.T.S
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
17 November 2010
Case Number
Divorce Cause 99 of 2002
Procedural Posture
Divorce Cause / Judgment
Outcome
petition and cross-petition for divorce granted; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Adultery, Cruelty, Custody of Children, Maintenance, Matrimonial Breakdown
Source Language
english
Family and Children Divorce Adultery Cruelty Custody of Children Maintenance Matrimonial Breakdown

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Summary, issues, holding and outcome

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Parties

J.K.S

Petitioner

L.T.S

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner proved cruelty by the respondent to warrant dissolution of marriage.
  2. 2 Whether the respondent established grounds of adultery and cruelty against the petitioner in her cross-petition.
  3. 3 Whether the marriage between the parties has irretrievably broken down.

Ratio Decidendi

The court found that the respondent established her cross-petition for divorce on the grounds of adultery, as the petitioner admitted to a long-standing relationship with V.M and having children with her during the subsistence of the marriage. The evidence showed that the parties had been separated for at least ten years, and both confirmed there was no possibility of reconciliation. The court concluded that the marriage had irretrievably broken down and could no longer be sustained. The issues of custody and maintenance were not addressed as the children were all adults, but the respondent was granted liberty to apply for educational provision if necessary.

Court Disposition

petition and cross-petition for divorce granted; marriage dissolved

Orders

  • The marriage celebrated between the petitioner and the respondent on 11th August 1994 is dissolved.
  • Decree nisi dissolving the said marriage is issued, to be made absolute thirty (30) days from the date of judgment.