[2009] KEHC 538 (KLR)

[2009] KEHC 538 (KLR)

The court found that the petitioner had proved both cruelty and desertion by the respondent through unchallenged evidence. The respondent, having failed to file any response or contest the petition, left the petition undefended. The court was satisfied that the grounds for dissolution of marriage were established and, in the absence of any opposition, granted the orders sought by the petitioner, including the dissolution of the marriage and custody of the child to the petitioner.

Citation
[2009] KEHC 538 (KLR)
Parties
Petitioner: KMV; Respondent: NMS
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
12 November 2009
Case Number
Divorce Cause 18 of 2009
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed. Marriage dissolved. Custody of child granted to petitioner. No order as to costs.
Legal Topics
Divorce, Custody of Children, Cruelty, Desertion
Source Language
English
Family and Children Divorce Custody of Children Cruelty Desertion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

KMV

Petitioner

NMS

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the grounds of cruelty and desertion have been proved to warrant dissolution of the marriage.
  2. 2 Whether the petitioner should be granted custody of the child of the marriage.

Ratio Decidendi

The court found that the petitioner had proved both cruelty and desertion by the respondent through unchallenged evidence. The respondent, having failed to file any response or contest the petition, left the petition undefended. The court was satisfied that the grounds for dissolution of marriage were established and, in the absence of any opposition, granted the orders sought by the petitioner, including the dissolution of the marriage and custody of the child to the petitioner.

Court Disposition

Petition allowed. Marriage dissolved. Custody of child granted to petitioner. No order as to costs.

Orders

  • A decree nisi for the dissolution of the marriage between the petitioner and the respondent to be made absolute after the lapse of 6 months.
  • The petitioner is granted custody of SKM.