[2003] KEHC 89 (KLR)

[2003] KEHC 89 (KLR)

The court found that the petitioner had provided credible and detailed evidence of cruelty by the respondent, including physical violence and emotional abuse, which made it impossible for her to continue cohabiting with the respondent. The court was satisfied that the marriage had irretrievably broken down and that the petition was not brought by way of collusion. The petitioner had been solely responsible for the care of the minor child since leaving the matrimonial home, and the respondent had shown no interest in the child's welfare. Accordingly, the court granted the dissolution of the marriage and awarded custody, care, and control of the child to the petitioner.

Citation
[2003] KEHC 89 (KLR)
Parties
Petitioner: LMM; Respondent: JAOW
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
14 November 2003
Case Number
Divorce Cause 141 of 2002
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved; custody granted to petitioner; no order as to costs
Judges
FI Koome
Legal Topics
Divorce, Matrimonial Cruelty, Child Custody
Source Language
English
Family and Children Divorce Matrimonial Cruelty Child Custody

Case Brief

Summary, issues, holding and outcome

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Parties

LMM

Petitioner

JAOW

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner has proved acts of cruelty sufficient to warrant dissolution of the marriage.
  2. 2 Whether the marriage has irretrievably broken down.
  3. 3 Who should be granted custody, care, and control of the child of the marriage.

Ratio Decidendi

The court found that the petitioner had provided credible and detailed evidence of cruelty by the respondent, including physical violence and emotional abuse, which made it impossible for her to continue cohabiting with the respondent. The court was satisfied that the marriage had irretrievably broken down and that the petition was not brought by way of collusion. The petitioner had been solely responsible for the care of the minor child since leaving the matrimonial home, and the respondent had shown no interest in the child's welfare. Accordingly, the court granted the dissolution of the marriage and awarded custody, care, and control of the child to the petitioner.

Court Disposition

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

Orders

  • The marriage between the petitioner and respondent solemnized on 4th November 1995 is hereby dissolved.
  • A decree nisi shall issue for a period of 6 months.