[2006] KEHC 956 (KLR)

[2006] KEHC 956 (KLR)

The court found that the petitioner had established, on uncontroverted evidence, that the respondent and co-respondent committed adultery. The respondent admitted to the affair after initial denials, and the co-respondent confirmed his belief that the marriage was over. The petitioner had not condoned the adultery and sought dissolution of the marriage. The court was satisfied that the statutory requirements for granting a divorce on the ground of adultery were met, and that the petitioner was entitled to the relief sought. The parties had already entered into a Deed of Separation and a Consent Order regarding custody and welfare of the children, which the court incorporated into its...

Citation
[2006] KEHC 956 (KLR)
Parties
Petitioner: P.S; Respondent: L.S; Co Respondent: R.H
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
26 October 2006
Case Number
Divorce Cause 58 of 2006
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed; marriage dissolved.
Judges
BP Kubo
Legal Topics
Divorce, Adultery, Custody of Children, Matrimonial Offences
Source Language
English
Family and Children Divorce Adultery Custody of Children Matrimonial Offences

Case Brief

Summary, issues, holding and outcome

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Parties

P.S

Petitioner

L.S

Respondent

R.H

Co Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent committed adultery with the co-respondent, justifying dissolution of the marriage.
  2. 2 Whether the petitioner has condoned the alleged adultery.
  3. 3 Whether the petitioner is entitled to a decree of divorce under the Matrimonial Causes Act.

Ratio Decidendi

The court found that the petitioner had established, on uncontroverted evidence, that the respondent and co-respondent committed adultery. The respondent admitted to the affair after initial denials, and the co-respondent confirmed his belief that the marriage was over. The petitioner had not condoned the adultery and sought dissolution of the marriage. The court was satisfied that the statutory requirements for granting a divorce on the ground of adultery were met, and that the petitioner was entitled to the relief sought. The parties had already entered into a Deed of Separation and a Consent Order regarding custody and welfare of the children, which the court incorporated into its...

Court Disposition

Petition allowed; marriage dissolved.

Orders

  • A decree of divorce is granted dissolving the marriage between the petitioner and respondent.
  • Decree nisi to issue forthwith, to be made absolute after three months upon application.