[2009] KEHC 2329 (KLR)

[2009] KEHC 2329 (KLR)

The court found that the petitioner had proved, on a balance of probabilities, that the respondent treated her with cruelty through acts such as physical assault, rape, lack of financial support, and locking her out of the house. The respondent failed to prove his counter-allegations of cruelty and adultery against...

Source-derived case information.

Citation
[2009] KEHC 2329 (KLR)
Parties
Applicant: R.W.N; Respondent: P.N.N
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
25 June 2009
Case Number
Divorce Cause 105 of 2006
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed; marriage dissolved; custody of children granted to petitioner; cross-petition dismissed; costs to petitioner.
Judges
JW Gacheche
Legal Topics
Divorce, Cruelty, Custody of Children, Matrimonial Misconduct
Source Language
english
Family and Children Divorce Cruelty Custody of Children Matrimonial Misconduct

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Summary, issues, holding and outcome

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Parties

R.W.N

Applicant

P.N.N

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent treated the petitioner with cruelty sufficient to warrant dissolution of marriage.
  2. 2 Whether the respondent proved allegations of cruelty and adultery against the petitioner.
  3. 3 Whether the petitioner is entitled to custody of the children of the marriage.

Ratio Decidendi

The court found that the petitioner had proved, on a balance of probabilities, that the respondent treated her with cruelty through acts such as physical assault, rape, lack of financial support, and locking her out of the house. The respondent failed to prove his counter-allegations of cruelty and adultery against the petitioner. The court concluded that the marriage had irretrievably broken down due to the respondent's grave misconduct, and that the petitioner was entitled to dissolution of the marriage and custody of the children. The cross-petition was dismissed for lack of evidence.

Court Disposition

Petition allowed; marriage dissolved; custody of children granted to petitioner; cross-petition dismissed; costs to petitioner.

Orders

  • A decree nisi to issue forthwith with liberty to apply after four months.
  • Custody of the children of the marriage granted to the petitioner.