[2013] KEHC 1925 (KLR)

[2013] KEHC 1925 (KLR)

The court found that the Petitioner had proved, on a balance of probabilities, that the Respondent committed adultery and cruelty. The Respondent's business relationship with another woman was found to be more than explained, amounting to adultery. The Petitioner provided credible evidence of physical and mental...

Source-derived case information.

Citation
[2013] KEHC 1925 (KLR)
Parties
Applicant: R. J. B; Respondent: J. R
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
8 October 2013
Case Number
Divorce Cause 1 of 2007
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed in part; marriage dissolved; no order as to maintenance; each party to bear own costs.
Judges
AW Macharia
Legal Topics
Divorce, Matrimonial Offences, Maintenance, Matrimonial Property, Cruelty, Adultery
Source Language
english
Family and Children Divorce Matrimonial Offences Maintenance Matrimonial Property Cruelty Adultery

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Summary, issues, holding and outcome

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Parties

R. J. B

Applicant

J. R

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent committed adultery, cruelty, and desertion as grounds for dissolution of marriage.
  2. 2 Whether the Petitioner is entitled to monthly maintenance from the Respondent.
  3. 3 Whether the marriage between the Petitioner and Respondent should be dissolved.

Ratio Decidendi

The court found that the Petitioner had proved, on a balance of probabilities, that the Respondent committed adultery and cruelty. The Respondent's business relationship with another woman was found to be more than explained, amounting to adultery. The Petitioner provided credible evidence of physical and mental cruelty, including medical records and police reports. The court held that the Petitioner left the matrimonial home due to the Respondent's cruelty, which justified her desertion. The marriage was found to be irretrievable, and the Petitioner had not condoned or colluded in the Respondent's conduct. The court declined to grant maintenance due to lack of evidence of need or...

Court Disposition

Petition allowed in part; marriage dissolved; no order as to maintenance; each party to bear own costs.

Orders

  • The marriage between the Petitioner and Respondent is dissolved.
  • A decree nisi to issue forthwith.