[2017] KEHC 3931 (KLR)

[2017] KEHC 3931 (KLR)

The court found that neither party had proved cruelty to the required standard, as the allegations amounted to word against word without sufficient evidence. However, the petitioner proved adultery on the part of the respondent, who admitted to living with another woman and having a child with her during the subsistence of the marriage. The respondent's allegations of the petitioner's adultery were unproven. Both parties admitted to having lived apart for ten years, satisfying the statutory ground of desertion. The court held that the marriage had irretrievably broken down due to proven adultery and desertion. There was no evidence of collusion or connivance in filing the proceedings....

Citation
[2017] KEHC 3931 (KLR)
Parties
Applicant: L M M; Respondent: P M M
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
1 August 2017
Case Number
Divorce Cause 38 of 2010
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Divorce, Adultery, Cruelty, Child Custody, Desertion
Source Language
English
Family and Children Divorce Adultery Cruelty Child Custody Desertion

Case Brief

Summary, issues, holding and outcome

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Parties

L M M

Applicant

P M M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the grounds of cruelty and adultery have been proved to warrant dissolution of the marriage.
  2. 2 Whether the petitioner or respondent is entitled to custody of the child.
  3. 3 Whether the marriage has irretrievably broken down due to desertion and/or adultery.

Ratio Decidendi

The court found that neither party had proved cruelty to the required standard, as the allegations amounted to word against word without sufficient evidence. However, the petitioner proved adultery on the part of the respondent, who admitted to living with another woman and having a child with her during the subsistence of the marriage. The respondent's allegations of the petitioner's adultery were unproven. Both parties admitted to having lived apart for ten years, satisfying the statutory ground of desertion. The court held that the marriage had irretrievably broken down due to proven adultery and desertion. There was no evidence of collusion or connivance in filing the proceedings....

Court Disposition

petition allowed; marriage dissolved

Orders

  • A decree nisi order to issue and be declared absolute after 3 months.
  • Each party to bear his or her own costs.