[2012] KEHC 5198 (KLR)

[2012] KEHC 5198 (KLR)

The court found that the respondent had abandoned the petitioner and their children since 2006, denied the petitioner her conjugal rights, and made no effort to restore the marriage. The respondent did not contest the petition or provide any evidence to the contrary. The court accepted the petitioner's unchallenged evidence and concluded that the marriage had broken down irretrievably. Consequently, the court ordered the dissolution of the marriage, granted custody, care, and control of the children to the petitioner, and allowed the respondent reasonable access as agreed between the parties. Each party was ordered to bear their own costs.

Citation
[2012] KEHC 5198 (KLR)
Parties
Applicant: P.A.W.; Respondent: C.M.G.
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
13 January 2012
Case Number
Divorce Cause 2 of 2011
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed. Marriage dissolved. Custody granted to petitioner. Respondent granted access. Each party to bear own costs.
Judges
I Lenaola
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

P.A.W.

Applicant

C.M.G.

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 the petitioner is entitled to custody, care, and control of the children of the marriage.
  3. 3 Whether the respondent should be granted access to the children.

Ratio Decidendi

The court found that the respondent had abandoned the petitioner and their children since 2006, denied the petitioner her conjugal rights, and made no effort to restore the marriage. The respondent did not contest the petition or provide any evidence to the contrary. The court accepted the petitioner's unchallenged evidence and concluded that the marriage had broken down irretrievably. Consequently, the court ordered the dissolution of the marriage, granted custody, care, and control of the children to the petitioner, and allowed the respondent reasonable access as agreed between the parties. Each party was ordered to bear their own costs.

Court Disposition

Petition allowed. Marriage dissolved. Custody granted to petitioner. Respondent granted access. Each party to bear own costs.

Orders

  • The marriage between the parties is dissolved.
  • The petitioner shall have custody, care, and control of the children of the marriage.