[2014] KEHC 604 (KLR)

[2014] KEHC 604 (KLR)

The court found that the petitioner had proved, on a balance of probabilities, the grounds of cruelty and desertion as required under the Marriage Act. The respondent failed to provide for the family, was harsh, and repeatedly deserted the matrimonial home without just cause. The marriage had irretrievably broken...

Source-derived case information.

Citation
[2014] KEHC 604 (KLR)
Parties
Petitioner: P.C.W; Respondent: J.B.N
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
14 November 2014
Case Number
Divorce Cause 91 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed; marriage dissolved; custody to petitioner; visitation to respondent; maintenance suspended; no order as to costs.
Judges
MW Muigai
Legal Topics
Divorce, Custody of Children, Maintenance, Alimony, Best Interests of Child
Source Language
english
Family and Children Divorce Custody of Children Maintenance Alimony Best Interests of Child

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Summary, issues, holding and outcome

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Parties

P.C.W

Petitioner

J.B.N

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner has proved grounds for dissolution of marriage under cruelty and desertion.
  2. 2 Whether the petitioner is entitled to custody of the children of the marriage.
  3. 3 Whether the petitioner is entitled to maintenance or alimony from the respondent.

Ratio Decidendi

The court found that the petitioner had proved, on a balance of probabilities, the grounds of cruelty and desertion as required under the Marriage Act. The respondent failed to provide for the family, was harsh, and repeatedly deserted the matrimonial home without just cause. The marriage had irretrievably broken down, and continued cohabitation would only exacerbate psychological trauma. The best interests of the children required that custody be awarded to the petitioner, who had been solely responsible for their welfare. The respondent's financial inability to contribute to maintenance was noted, but the petitioner was granted liberty to apply for maintenance should the respondent's...

Court Disposition

Petition allowed; marriage dissolved; custody to petitioner; visitation to respondent; maintenance suspended; no order as to costs.

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • A decree nisi to issue forthwith and decree absolute within 30 days.