[2014] KEHC 6484 (KLR)

[2014] KEHC 6484 (KLR)

The court found that the respondent deserted the petitioner and their child without cause, failed to provide for the family, denied the petitioner her conjugal rights, and engaged in adultery. The respondent did not contest the petition or provide any evidence to the contrary. The court was satisfied that the marriage had irretrievably broken down, there was no collusion or condonation, and the grounds for dissolution were established. Accordingly, the court dissolved the marriage, granted custody of the child to the petitioner, and directed that maintenance orders be sought in the Children Court.

Citation
[2014] KEHC 6484 (KLR)
Parties
Petitioner: L A A; Respondent: E M N
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
14 March 2014
Case Number
Divorce Cause 140 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved; custody granted to petitioner; no order as to costs
Judges
DN Musyoka
Legal Topics
Divorce, Custody of Children, Matrimonial Offences, Maintenance Orders
Source Language
English
Family and Children Divorce Custody of Children Matrimonial Offences Maintenance Orders

Case Brief

Summary, issues, holding and outcome

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Parties

L A A

Petitioner

E M N

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent's conduct amounts to cruelty, desertion, and adultery justifying dissolution of marriage.
  2. 2 Whether the marriage has irretrievably broken down.
  3. 3 Whether there has been collusion or condonation by the petitioner.

Ratio Decidendi

The court found that the respondent deserted the petitioner and their child without cause, failed to provide for the family, denied the petitioner her conjugal rights, and engaged in adultery. The respondent did not contest the petition or provide any evidence to the contrary. The court was satisfied that the marriage had irretrievably broken down, there was no collusion or condonation, and the grounds for dissolution were established. Accordingly, the court dissolved the marriage, granted custody of the child to the petitioner, and directed that maintenance orders be sought in the Children Court.

Court Disposition

petition allowed; marriage dissolved; custody granted to petitioner; no order as to costs

Orders

  • The marriage celebrated between the petitioner and respondent on 25th July 2009 is dissolved.
  • Decreenisi shall issue forthwith and shall be made absolute after thirty (30) days.