[2015] KEHC 8032 (KLR)

[2015] KEHC 8032 (KLR)

The court found that the marriage between the petitioner and respondent had irretrievably broken down, as evidenced by their separation since October 2009 and failed reconciliation attempts. The evidence of breakdown was uncontested. The court held that the legal threshold for dissolution had been met and ordered the marriage dissolved. On custody, the parties' agreement for joint legal custody, with care and control to the petitioner and access to the respondent, was adopted. The respondent was ordered to pay the minor's school fees until she attains 18 years. Each party was ordered to bear their own costs, and the respondent's cross-petition was deemed withdrawn with no order as to costs.

Citation
[2015] KEHC 8032 (KLR)
Parties
Applicant: M.K; Respondent: J.K
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
4 December 2015
Case Number
Divorce Cause 150 of 2010
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for dissolution of marriage allowed; marriage dissolved.
Judges
AO Muchelule
Legal Topics
Divorce, Custody of Children, Irretrievable Breakdown of Marriage
Source Language
English
Family and Children Divorce Custody of Children Irretrievable Breakdown of Marriage

Case Brief

Summary, issues, holding and outcome

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Parties

M.K

Applicant

J.K

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 grounds of cruelty, adultery, or constructive desertion have been established to warrant dissolution of marriage.
  3. 3 What custody and access arrangements are appropriate for the minor child S.C.L.

Ratio Decidendi

The court found that the marriage between the petitioner and respondent had irretrievably broken down, as evidenced by their separation since October 2009 and failed reconciliation attempts. The evidence of breakdown was uncontested. The court held that the legal threshold for dissolution had been met and ordered the marriage dissolved. On custody, the parties' agreement for joint legal custody, with care and control to the petitioner and access to the respondent, was adopted. The respondent was ordered to pay the minor's school fees until she attains 18 years. Each party was ordered to bear their own costs, and the respondent's cross-petition was deemed withdrawn with no order as to costs.

Court Disposition

Petition for dissolution of marriage allowed; marriage dissolved.

Orders

  • Decree Nisi to issue and become absolute after 30 days.
  • Marriage between the petitioner and respondent is dissolved.