[2016] KEHC 6154 (KLR)

[2016] KEHC 6154 (KLR)

The court found that the petitioner failed to prove cruelty by the respondent to the required standard, as her allegations were not supported by sufficient evidence. Conversely, the respondent proved, on a balance of probabilities, that the petitioner committed adultery with A G and was also cruel to him, as...

Source-derived case information.

Citation
[2016] KEHC 6154 (KLR)
Parties
Petitioner: P M S; Respondent: M D S
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
4 March 2016
Case Number
Divorce Cause 111 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition dismissed; cross-petition allowed; marriage dissolved; no order as to costs.
Judges
DN Musyoka
Legal Topics
Divorce, Adultery, Cruelty, Custody of Children
Source Language
english
Family and Children Divorce Adultery Cruelty Custody of Children

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Parties

P M S

Petitioner

M D S

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner proved cruelty as a ground for divorce.
  2. 2 Whether the respondent proved adultery and cruelty by the petitioner as grounds for divorce.
  3. 3 Whether custody and maintenance orders are applicable for the children who are now adults.

Ratio Decidendi

The court found that the petitioner failed to prove cruelty by the respondent to the required standard, as her allegations were not supported by sufficient evidence. Conversely, the respondent proved, on a balance of probabilities, that the petitioner committed adultery with A G and was also cruel to him, as evidenced by specific acts and admissions. The court held that both parties agreed the marriage had irretrievably broken down. The children of the marriage were adults, making custody and maintenance orders inapplicable. The petitioner’s claim for alimony was unsupported by evidence and deemed abandoned. The court therefore dissolved the marriage and made no order as to costs.

Court Disposition

Petition dismissed; cross-petition allowed; marriage dissolved; no order as to costs.

Orders

  • The marriage celebrated between M D S and P M S on 29th June 1993 is dissolved.
  • There shall be no order as to costs.