[2009] KEHC 1332 (KLR)

[2009] KEHC 1332 (KLR)

The court found that the petitioner had provided uncontroverted evidence of cruelty by the respondent, including repeated physical assaults resulting in injury and mental anguish. The court also found that the respondent had committed adultery, particularly with a minor, J.N., as evidenced by public acknowledgment and compensation to the minor's father. The respondent's conduct amounted to cruelty and adultery as defined by law, and the petitioner had not condoned these acts. The court was satisfied that the grounds for dissolution of marriage were proved to the required standard, and thus granted a decree nisi for dissolution of the marriage, to be made absolute within 60 days. Costs...

Citation
[2009] KEHC 1332 (KLR)
Parties
Petitioner: M.S.R.; Respondent: M.K. N.
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
28 October 2009
Case Number
Divorce Cause 116 of 2008
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed. Decree nisi for dissolution of marriage granted. Costs to petitioner.
Judges
KH Rawal
Legal Topics
Divorce, Cruelty, Adultery, Dissolution of Marriage
Source Language
English
Family and Children Divorce Cruelty Adultery Dissolution of Marriage

Case Brief

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Parties

M.S.R.

Petitioner

M.K. N.

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent treated the petitioner with cruelty during the marriage.
  2. 2 Whether the respondent committed adultery during the subsistence of the marriage.
  3. 3 Whether the petitioner is entitled to a decree of dissolution of marriage.

Ratio Decidendi

The court found that the petitioner had provided uncontroverted evidence of cruelty by the respondent, including repeated physical assaults resulting in injury and mental anguish. The court also found that the respondent had committed adultery, particularly with a minor, J.N., as evidenced by public acknowledgment and compensation to the minor's father. The respondent's conduct amounted to cruelty and adultery as defined by law, and the petitioner had not condoned these acts. The court was satisfied that the grounds for dissolution of marriage were proved to the required standard, and thus granted a decree nisi for dissolution of the marriage, to be made absolute within 60 days. Costs...

Court Disposition

Petition allowed. Decree nisi for dissolution of marriage granted. Costs to petitioner.

Orders

  • Decree nisi for dissolution of the marriage between the parties to issue.
  • Decree nisi to be made absolute within 60 days from the date hereof.