[2013] KEHC 252 (KLR)

[2013] KEHC 252 (KLR)

The court found that both parties were guilty of adultery during the subsistence of the marriage and that the marriage had broken down irretrievably. The court held that it was inconsequential who initiated the adultery, as the fact remained that the marriage could not be salvaged. The court therefore allowed the dissolution of the marriage. Regarding custody, the court declined to disturb the status quo, noting that the minor was of tender age, already in the respondent's custody, and the respondent was willing to grant the petitioner access. The court ordered each party to bear their own costs.

Citation
[2013] KEHC 252 (KLR)
Parties
Petitioner: R. C. R.; Respondent: B. K. K.
Court
High Court
Court Station
High Court at Malindi
Jurisdiction
Kenya
Judgment Date
20 December 2013
Case Number
Divorce Cause 12 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
Marriage dissolved; custody of minor to remain with respondent; each party to bear own costs.
Judges
CW Meoli
Legal Topics
Divorce, Adultery, Custody of Children, Irretrievable Breakdown, Cross Petition, Costs
Source Language
English
Family and Children Divorce Adultery Custody of Children Irretrievable Breakdown Cross Petition Costs

Case Brief

Summary, issues, holding and outcome

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Parties

R. C. R.

Petitioner

B. K. K.

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has broken down irretrievably.
  2. 2 Whether either party is guilty of adultery during the subsistence of the marriage.
  3. 3 Whether the petitioner is entitled to custody of the minor child.

Ratio Decidendi

The court found that both parties were guilty of adultery during the subsistence of the marriage and that the marriage had broken down irretrievably. The court held that it was inconsequential who initiated the adultery, as the fact remained that the marriage could not be salvaged. The court therefore allowed the dissolution of the marriage. Regarding custody, the court declined to disturb the status quo, noting that the minor was of tender age, already in the respondent's custody, and the respondent was willing to grant the petitioner access. The court ordered each party to bear their own costs.

Court Disposition

Marriage dissolved; custody of minor to remain with respondent; each party to bear own costs.

Orders

  • Decree nisi to issue dissolving the marriage between the petitioner and respondent.
  • Custody of the minor child to remain with the respondent.