[2000] KEHC 213 (KLR)

[2000] KEHC 213 (KLR)

The court found that the petitioner failed to prove cruelty as a ground for divorce, as there was no evidence of sustained intolerable conduct affecting his health. The allegations of adultery against the respondent were not supported by credible or convincing evidence; the witnesses presented by the petitioner were found to be unreliable and their testimony was deemed unbelievable. In contrast, the respondent's claim of adultery against the petitioner was amply proved by the petitioner's own admission and conduct in court, where he introduced the woman with whom he was cohabiting. The court therefore rejected the petitioner's petition but granted the divorce on the grounds set out by the...

Citation
[2000] KEHC 213 (KLR)
Parties
Plaintiff: R W M; Defendant: M A O
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
7 August 2000
Case Number
Divorce Cause 36 of 1998
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition dismissed; divorce granted on respondent's grounds.
Legal Topics
Divorce, Adultery, Cruelty, Maintenance, Alimony, Child Custody
Source Language
English
Family and Children Divorce Adultery Cruelty Maintenance Alimony Child Custody

Case Brief

Summary, issues, holding and outcome

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Parties

R W M

Plaintiff

M A O

Defendant

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner proved cruelty as a ground for divorce.
  2. 2 Whether the petitioner proved adultery by the respondent to the required standard.
  3. 3 Whether the respondent proved adultery by the petitioner.

Ratio Decidendi

The court found that the petitioner failed to prove cruelty as a ground for divorce, as there was no evidence of sustained intolerable conduct affecting his health. The allegations of adultery against the respondent were not supported by credible or convincing evidence; the witnesses presented by the petitioner were found to be unreliable and their testimony was deemed unbelievable. In contrast, the respondent's claim of adultery against the petitioner was amply proved by the petitioner's own admission and conduct in court, where he introduced the woman with whom he was cohabiting. The court therefore rejected the petitioner's petition but granted the divorce on the grounds set out by the...

Court Disposition

Petition dismissed; divorce granted on respondent's grounds.

Orders

  • Decree Nisi to issue dissolving the marriage on grounds of the respondent's cross-petition.
  • Respondent to file an application for maintenance within 14 days.