[2014] KEHC 3219 (KLR)

[2014] KEHC 3219 (KLR)

The court found that the petitioner’s allegations of cruelty and adultery were uncontroverted, as the respondent did not file a reply or present evidence. The court was satisfied that the marriage had irretrievably broken down, there was no evidence of collusion or condonation, and the petitioner was entitled to a decree of divorce. The court declined to make maintenance orders due to lack of evidence and directed that such orders be sought in the Children’s Court. Custody of the minor child was granted to the petitioner.

Citation
[2014] KEHC 3219 (KLR)
Parties
Applicant: L S E; Respondent: M A C
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
14 August 2014
Case Number
Divorce Cause 73 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
DN Musyoka
Legal Topics
Divorce, Custody of Children, Maintenance Orders
Source Language
English
Family and Children Divorce Custody of Children Maintenance Orders

Case Brief

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Parties

L S E

Applicant

M A C

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
  2. 2 Whether the petitioner has proved allegations of cruelty and adultery against the respondent.
  3. 3 Whether there is evidence of collusion or condonation by the petitioner.

Ratio Decidendi

The court found that the petitioner’s allegations of cruelty and adultery were uncontroverted, as the respondent did not file a reply or present evidence. The court was satisfied that the marriage had irretrievably broken down, there was no evidence of collusion or condonation, and the petitioner was entitled to a decree of divorce. The court declined to make maintenance orders due to lack of evidence and directed that such orders be sought in the Children’s Court. Custody of the minor child was granted to the petitioner.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated between the petitioner and respondent on 2nd January 2011 is dissolved.
  • Custody of the minor issue of the marriage is granted to the petitioner.