[2010] KEHC 2293 (KLR)

[2010] KEHC 2293 (KLR)

The court found that the petitioner had established grounds for dissolution of the marriage, including desertion, cruelty, and adultery by the respondent. The evidence showed the respondent had left the matrimonial home, engaged in an adulterous relationship resulting in a child, and had no contact with the...

Source-derived case information.

Citation
[2010] KEHC 2293 (KLR)
Parties
Petitioner: JW; Respondent: MC
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
7 May 2010
Case Number
Divorce Cause 7 of 2009
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed. Marriage dissolved. Custody of minor child granted to petitioner. No order for maintenance. Costs awarded to petitioner.
Judges
MJA Emukule
Legal Topics
Divorce, Custody of Children, Maintenance, Matrimonial Breakdown
Source Language
english
Family and Children Divorce Custody of Children Maintenance Matrimonial Breakdown

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Summary, issues, holding and outcome

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Parties

JW

Petitioner

MC

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent should be dissolved on grounds of desertion, cruelty, and adultery.
  2. 2 Whether the petitioner should be granted custody of the children of the marriage.
  3. 3 Whether the respondent should be ordered to pay maintenance for the petitioner and children.

Ratio Decidendi

The court found that the petitioner had established grounds for dissolution of the marriage, including desertion, cruelty, and adultery by the respondent. The evidence showed the respondent had left the matrimonial home, engaged in an adulterous relationship resulting in a child, and had no contact with the petitioner or their children. The marriage was deemed to have irretrievably broken down. The court granted a decree nisi for dissolution, to be made absolute after six months. Custody of the only minor child, AM, was granted to the petitioner until he attained majority, while no custody order was made for the adult children. The court declined to order maintenance due to lack of...

Court Disposition

Petition allowed. Marriage dissolved. Custody of minor child granted to petitioner. No order for maintenance. Costs awarded to petitioner.

Orders

  • A decree nisi for dissolution of the marriage to issue, to be confirmed six months thereafter.
  • Custody of the minor child AM granted to the petitioner until he attains the age of 18 years.