[2011] KEHC 56 (KLR)

[2011] KEHC 56 (KLR)

The court found that the petitioner withdrew her petition and did not contest the respondent's cross-petition. There was uncontroverted evidence of the petitioner's adultery and desertion, including testimony that she had two children with the co-respondent and her own mother had confirmed the new relationship. The court concluded that the marriage had irretrievably broken down and granted the respondent's cross-petition for divorce. Regarding custody, the court considered the child's wishes, as she was 17 years old and expressed a desire to live with her mother while maintaining contact with her father. The court granted custody to the petitioner with liberal visitation rights to the...

Citation
[2011] KEHC 56 (KLR)
Parties
Petitioner: J.O.O.; Respondent: O.N.O.; Co Respondent: L.O.
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
12 July 2011
Case Number
Divorce Cause 64 of 2005
Procedural Posture
Divorce Petition / Judgment
Outcome
Cross-petition allowed; marriage dissolved; custody of child granted to petitioner; each party to bear own costs.
Judges
DK Maraga
Legal Topics
Divorce, Custody of Children, Adultery, Desertion
Source Language
English
Family and Children Divorce Custody of Children Adultery Desertion

Case Brief

Summary, issues, holding and outcome

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Parties

J.O.O.

Petitioner

O.N.O.

Respondent

L.O.

Co Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
  2. 2 Whether the petitioner is guilty of adultery and desertion as alleged in the cross-petition.
  3. 3 Who should be granted custody of the child of the marriage.

Ratio Decidendi

The court found that the petitioner withdrew her petition and did not contest the respondent's cross-petition. There was uncontroverted evidence of the petitioner's adultery and desertion, including testimony that she had two children with the co-respondent and her own mother had confirmed the new relationship. The court concluded that the marriage had irretrievably broken down and granted the respondent's cross-petition for divorce. Regarding custody, the court considered the child's wishes, as she was 17 years old and expressed a desire to live with her mother while maintaining contact with her father. The court granted custody to the petitioner with liberal visitation rights to the...

Court Disposition

Cross-petition allowed; marriage dissolved; custody of child granted to petitioner; each party to bear own costs.

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • A decree nisi shall issue forthwith to be made absolute after thirty days.