[2011] KEHC 3054 (KLR)

[2011] KEHC 3054 (KLR)

The court found that the petitioner had established, to the required standard of proof, the grounds of cruelty and desertion. The respondent's persistent alcohol abuse and abandonment of the matrimonial home, coupled with her failure to care for the children, constituted sufficient grounds for dissolution of the marriage. The court was satisfied that reconciliation was not possible and that the marriage had irretrievably broken down. Given the respondent's desertion and neglect of parental duties, the court found it appropriate to grant the petitioner custody of the children. The absence of the respondent from the proceedings, despite being duly served, further supported the petitioner's...

Citation
[2011] KEHC 3054 (KLR)
Parties
Petitioner: R.D.M; Respondent: E.M.G
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
4 March 2011
Case Number
Divorce Cause 84 of 2008
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved; custody granted to petitioner; no order as to costs
Judges
LK Kimaru
Legal Topics
Divorce, Custody of Children, Cruelty, Desertion
Source Language
English
Family and Children Divorce Custody of Children Cruelty Desertion

Case Brief

Summary, issues, holding and outcome

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Parties

R.D.M

Petitioner

E.M.G

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner established grounds for divorce based on cruelty and desertion.
  2. 2 Whether the petitioner should be granted sole custody of the children of the marriage.

Ratio Decidendi

The court found that the petitioner had established, to the required standard of proof, the grounds of cruelty and desertion. The respondent's persistent alcohol abuse and abandonment of the matrimonial home, coupled with her failure to care for the children, constituted sufficient grounds for dissolution of the marriage. The court was satisfied that reconciliation was not possible and that the marriage had irretrievably broken down. Given the respondent's desertion and neglect of parental duties, the court found it appropriate to grant the petitioner custody of the children. The absence of the respondent from the proceedings, despite being duly served, further supported the petitioner's...

Court Disposition

petition allowed; marriage dissolved; custody granted to petitioner; no order as to costs

Orders

  • The marriage celebrated between the petitioner and the respondent on 2nd September 1999 is dissolved.
  • Decree nisi dissolving the marriage is issued, to be made absolute thirty (30) days from the date of judgment.