[2008] KEHC 2021 (KLR)

[2008] KEHC 2021 (KLR)

The court found that the petitioner's allegations of adultery and cruelty were largely generalized and unsupported by corroborative evidence, except for the uncontroverted claim that the respondent married another woman in 2000 and has lived separately from the petitioner since then. The respondent's failure to deny this serious allegation constituted proof of adultery. The prolonged separation of about eight years with no reconciliation demonstrated that the marriage had irretrievably broken down. Consequently, the court held that the petitioner was entitled to a dissolution of the marriage. The court also addressed the custody of the child E.M.M, ordering that she remain with the...

Citation
[2008] KEHC 2021 (KLR)
Parties
Applicant: R.A; Respondent: S.M.F.K
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
6 June 2008
Case Number
Divorce Cause 44 of 2007
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed; marriage dissolved.
Legal Topics
Divorce, Adultery, Cruelty, Irretrievable Breakdown, Custody of Children
Source Language
English
Family and Children Divorce Adultery Cruelty Irretrievable Breakdown Custody of Children

Case Brief

Summary, issues, holding and outcome

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Parties

R.A

Applicant

S.M.F.K

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent committed adultery, thereby entitling the petitioner to a dissolution of marriage.
  2. 2 Whether the respondent treated the petitioner with cruelty as alleged.
  3. 3 Whether the marriage has irretrievably broken down.

Ratio Decidendi

The court found that the petitioner's allegations of adultery and cruelty were largely generalized and unsupported by corroborative evidence, except for the uncontroverted claim that the respondent married another woman in 2000 and has lived separately from the petitioner since then. The respondent's failure to deny this serious allegation constituted proof of adultery. The prolonged separation of about eight years with no reconciliation demonstrated that the marriage had irretrievably broken down. Consequently, the court held that the petitioner was entitled to a dissolution of the marriage. The court also addressed the custody of the child E.M.M, ordering that she remain with the...

Court Disposition

Petition allowed; marriage dissolved.

Orders

  • The marriage solemnized between the petitioner and the respondent at the Registrar's Office in Mombasa on 2nd October, 1987 is dissolved.
  • Decree nisi to issue.