[2018] KEHC 7202 (KLR)
The court found that the petitioner had proved, on a balance of probabilities, that the respondent had committed adultery and that the marriage had irretrievably broken down. The respondent did not contest the petition or deny the allegations. The evidence, including the police report and the respondent's lack of...
Source-derived case information.
- Citation
- [2018] KEHC 7202 (KLR)
- Parties
- Applicant: P M M; Respondent: I K M
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 1 B of 2016
- Procedural Posture
- Divorce Petition / Judgment
- Outcome
- petition allowed; marriage dissolved
- Legal Topics
- Divorce, Irretrievable Breakdown of Marriage, Adultery, Child Custody, Decree Nisi
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
P M M
Applicant
I K M
Respondent
Procedural Posture
Divorce Petition / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
- 2 Whether the respondent committed adultery as alleged by the petitioner.
- 3 Who should be granted custody of the children of the marriage.
Ratio Decidendi
The court found that the petitioner had proved, on a balance of probabilities, that the respondent had committed adultery and that the marriage had irretrievably broken down. The respondent did not contest the petition or deny the allegations. The evidence, including the police report and the respondent's lack of denial, satisfied the court that the grounds for dissolution of marriage were met. The court also considered the welfare of the children, noting that they were already in the custody of the petitioner and that the respondent had agreed visitation rights. Accordingly, the court dissolved the marriage, granted custody of the children to the petitioner, and issued a decree nisi to...
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage between P M M and I K M solemnized on 28th October, 2011 is hereby dissolved.
- A decree nisi shall issue and shall be made absolute within 30 days.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT NANYUKI
DIVORCE NO. 1 B OF 2016
P M M......................PETITIONER
VERSUS
I K M....................RESPONDENT
JUDGMENT
1. P M M, the husband, has petitioned for divorce from his wife I K M.
2. P M M and I K M cohabited together as husband a wife from the year 2003. They eventually entered into a Civil Marriage on 28th October 2011 at the District Commissioner’s office at Laikipia County.
3. They were blesses with two male children; one T M born on 20th September, 2003, and the other M Mborn on 19th April, 2008.
4. P M M petitioned alleging that I K M had committed adultery. On I K M being served with the petition she appointed a Learned Counsel to file a Notice of Appointment but filed nothing else. Accordingly on 3rd August, 2017 the Deputy Registrar of this court certified this cause as an undefended divorce.
5. P M M stated in evidence before court that in the year 2014 he settled his family in Nanyuki town while he was engaged as a banker in Meru town. That he used to see his family at week-ends.
6. He stated that he often would be told by friends that his wife was having extra marital affairs but he was only able to confirm this in the year 2016.
7. He confirmed this because his wife had been to Nanyuki police station where she reported, OB No. [Particulars withheld] at 10. 49 hrs, that she had been assaulted by her boyfriend. When P M M went to the police station the O C P D of that station informed him that I K M was in the company of a man she described as her boyfriend, whom she alleged had assaulted her.
8. P M M confronted I K M with that information, he obtained from the police station, and I K M did not deny the same.
9. In view of that P M M and I K M separated. The children of the marriage were left with I K M but in the year 2017 they moved into the home of P M M. P M M stated that he takes care of all the needs of the said children. That although they live with him I K M has visitation rights, agreed upon, during the school holidays.
10. In my humble view P M M proved, on a balance of probability that his marriage to I K M has irretrievably broken down. He stated there was no possibility of reconciliation.
11. As a consequence of the above I grant the following orders:
(a) The marriage between PM M and I K M Solomnized on 28thOctober, 2011 is hereby dissolved.
(b) A decree nisi shall issue and shall be made absolute within 30 days.
(c) The custody of the children of marriage is granted to P M M.
(d) There shall be no orders as to costs.
Dated and Delivered at Nanyuki this 19th April, 2018
MARY KASANGO
JUDGE
Coram
Before Justice Mary Kasango
Court Assistant: Njue/Maria Stella
Petitioner ……………………….
Respondent ……………………..
For Respondent …………………
COURT
Judgment delivered in open court
MARY KASANGO
JUDGE