[2016] KEHC 7029 (KLR)

[2016] KEHC 7029 (KLR)

The court found that the petitioner had proved the ground of adultery against the respondent, as required under section 8(1) of the Matrimonial Causes Act. The allegations of cruelty by both parties were not substantiated with sufficient evidence. Both parties agreed that the marriage had irretrievably broken down and were living separately. The court held that there was no collusion between the parties in bringing the petition. The preliminary objection on jurisdiction was abandoned and, in any event, was not valid as any High Court in Kenya has jurisdiction to hear the matter. The court therefore granted the dissolution of the marriage. Custody of the two children was granted to the...

Citation
[2016] KEHC 7029 (KLR)
Parties
Petitioner: K.O.O; Respondent: C.U.A
Court
High Court
Court Station
High Court at Garissa
Jurisdiction
Kenya
Judgment Date
28 January 2016
Case Number
Divorce Cause 3 of 2015
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed; marriage dissolved; custody of children to respondent; visitation rights to petitioner; costs to each party.
Judges
GMA Dulu
Legal Topics
Divorce, Custody of Children, Adultery, Cruelty, Maintenance, Jurisdiction
Source Language
English
Family and Children Divorce Custody of Children Adultery Cruelty Maintenance Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

K.O.O

Petitioner

C.U.A

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner has proved grounds for dissolution of marriage under the Matrimonial Causes Act.
  2. 2 Whether the High Court at Garissa has jurisdiction to hear and determine the divorce petition.
  3. 3 Whether there is collusion between the parties in bringing the petition.

Ratio Decidendi

The court found that the petitioner had proved the ground of adultery against the respondent, as required under section 8(1) of the Matrimonial Causes Act. The allegations of cruelty by both parties were not substantiated with sufficient evidence. Both parties agreed that the marriage had irretrievably broken down and were living separately. The court held that there was no collusion between the parties in bringing the petition. The preliminary objection on jurisdiction was abandoned and, in any event, was not valid as any High Court in Kenya has jurisdiction to hear the matter. The court therefore granted the dissolution of the marriage. Custody of the two children was granted to the...

Court Disposition

Petition allowed; marriage dissolved; custody of children to respondent; visitation rights to petitioner; costs to each party.

Orders

  • The marriage between the petitioner and the respondent is dissolved. A decree nisi for divorce will issue to be made absolute after six months.
  • Custody of the two children is granted to the respondent, with the petitioner granted visitation rights.