[2016] KEHC 2268 (KLR)
The court found that the marriage between the petitioner and respondent had irretrievably broken down, as both parties sought dissolution and made serious allegations against each other, including cruelty and adultery. The court determined that there was no prospect of reconciliation and that the legal threshold for...
Source-derived case information.
- Citation
- [2016] KEHC 2268 (KLR)
- Parties
- Petitioner: R I; Respondent: G O A
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 1 of 2015
- Procedural Posture
- Divorce Petition / Judgment
- Outcome
- Marriage dissolved; decree absolute to issue after 30 days; no orders on custody or maintenance; each party to bear own costs.
- Legal Topics
- Dissolution of Marriage, Customary Marriage, Christian Marriage, Child Custody, Maintenance of Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
R I
Petitioner
G O A
Respondent
Procedural Posture
Divorce Petition / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
- 2 Whether grounds exist for dissolution of the marriage under applicable law.
- 3 Whether the court should make orders regarding custody and maintenance of the children.
Ratio Decidendi
The court found that the marriage between the petitioner and respondent had irretrievably broken down, as both parties sought dissolution and made serious allegations against each other, including cruelty and adultery. The court determined that there was no prospect of reconciliation and that the legal threshold for dissolution had been met. The court also noted that issues of custody and maintenance of the children had already been resolved by consent in a separate maintenance case, and therefore no further orders were necessary on those matters. Each party was ordered to bear its own costs.
Court Disposition
Marriage dissolved; decree absolute to issue after 30 days; no orders on custody or maintenance; each party to bear own costs.
Orders
- The marriage between the petitioner and respondent celebrated under Teso Customary Law and converted into a Christian Union on 14th May 2011 is dissolved.
- A Decree Absolute shall issue after 30 days.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
Divorce No. 1 Of 2015
R I...............................PETITIONER
VERSUS
G O A.....................RESPONDENT
JUDGMENT
1. G A O (The Respondent) and R I (The Petitioner) are man and wife. Their marriage, like many others, have had difficulties. They however wish to have theirs dissolved. One has petitioned and the other has cross-petitioned. This Court will grant them their wish !
2. The Petitioner and the Respondent contracted a Teso Customary Marriage in December 1990. The union was converted into a Christian marriage through a ceremony celebrated at [Particulars withheld] Catholic Mission on 14th May 2011. The union was blessed with the following 7 children:-
1) R I
2) I S
3) K I
4) M EO
5) R P
6) R A
7) R J A
3. There are allegations and counter allegations as to who between the Petitioner and the Respondent has troubled the marriage. The Petitioner alleges that the Respondent has been cruel and abusive to her. That he is a habitual drunkard and an absentee partner. That he has used abusive language against the Petitioner and has harassed and intimidated the children of marriage. In addition, that the Respondent has committed adultery with named and unnamed women. The allegations which were contained in the Petition were repeated by the Petitioner in her evidence.
4. The Respondent did not attend the hearing of the Petition. But he too, through Pleadings had sought the dissolution of the marriage. In his Cross-Petition he alleged that the Petitioner was an adulterous woman and was currently involved in an adulterous liaison with one E E I.
5. This marriage has irretrievably broken down. Both parties want out. This court will not stand on their way. For that reason I do hereby declare that the marriage between the Petitioner and the Respondent celebrated under Teso Customary Law and converted into a Christian Union on 4th May 2011 be and is hereby dissolved. A Decree Absolute shall issue after 30 days hereof.
6. Although the Petitioner had sought the custody of the minor children, the question of custody and maintenance of those children was resolved by a Consent order filed in Busia Maintenance Case No. 22 of 2015 R I Vs G O A. Happily, I need not make any orders on the children. It was well and consensually settled in the Maintenance Cause.
7. Each Party shall bear its own costs on this matter.
Dated and signed at Busia this 27TH Day of May .2016.
F. TUIYOTT
J U D G E
Delivered at Busia this 20th day of June 2016.
W. KORIR
J U D G E
In the presence of :-
Orwasa- .C/Assistant
Otsiula - for Petitioner
N/A- for Respondent