[2002] KEHC 318 (KLR)
The court found that the Respondent had committed adultery, as evidenced by her having two children with another man during the subsistence of the marriage. This uncontroverted evidence satisfied the legal threshold for dissolution of marriage on grounds of adultery. The Petitioner expressly declined to seek custody...
Source-derived case information.
- Citation
- [2002] KEHC 318 (KLR)
- Parties
- Petitioner: N; Respondent: R
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 1 of 2001
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition for dissolution of marriage allowed; custody of the child granted to the Respondent; each party to bear own costs.
- Legal Topics
- Divorce, Adultery, Child Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
N
Petitioner
R
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the marriage between the Petitioner and Respondent should be dissolved on grounds of adultery.
- 2 Who should be granted custody of the child of the marriage.
Ratio Decidendi
The court found that the Respondent had committed adultery, as evidenced by her having two children with another man during the subsistence of the marriage. This uncontroverted evidence satisfied the legal threshold for dissolution of marriage on grounds of adultery. The Petitioner expressly declined to seek custody of the child, and the court determined that the Respondent should be granted custody in the best interests of the child. Each party was ordered to bear their own costs.
Court Disposition
Petition for dissolution of marriage allowed; custody of the child granted to the Respondent; each party to bear own costs.
Orders
- The marriage between the Petitioner and Respondent is dissolved.
- Custody of the child of the marriage is granted to the Respondent.
Full Case Text
Judgment text and source record
8 paragraphs
N v R
High Court, at Kericho June 25, 2002
Alnashir Visram J
Divorce Cause No 1 of 2001
June 25, 2002, Alnashir Visram J delivered the following Judgment.
The Petitioner and the Respondent got married in 1990. They were blessed with one child in the course of their marriage. That marriage was not to last. The parties never really got to stay together as the Petitioner was out of the country pursuing his studies. According to her testimony, the Respondent stated that the Petitioner was a hot-tempered person and that he molested her on two occasions that he visited her and their son. Considering the whole testimony in this case, it would appear that the Petitioner was never interested in this marriage at all neither does he have interest in his son. He drove her away from the marriage.
However, the Petitioner testified, and this was not controverted, that the Respondent had committed adultery and had had two children with another man. This is clear evidence of adultery and on that alone I allow his petition for the dissolution of his marriage to the Respondent.
As to the matter of custody of the child of the marriage, the Petitioner stated before me that he did not want the same. In the circumstances, custody of the child of the marriage is given to the Respondent. Each party shall bear his/her own costs.