[2014] KEHC 8397 (KLR)
The court found that the respondent's conduct, as described by the petitioner and not contested, amounted to cruelty sufficient to warrant dissolution of the marriage. The parties had reached a written agreement on the custody, care, and control of the children, which the court adopted as part of its judgment. The...
Source-derived case information.
- Citation
- [2014] KEHC 8397 (KLR)
- Parties
- Petitioner: S J S S; Respondent: R K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 70 of 2014
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition allowed; marriage dissolved on grounds of cruelty; custody, maintenance, and access orders issued as per parties' agreement.
- Judges
- AO Muchelule
- Legal Topics
- Divorce, Child Custody, Child Maintenance, Matrimonial Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
S J S S
Petitioner
R K
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent's conduct amounted to cruelty justifying dissolution of marriage.
- 2 How custody, care, and control of the children should be determined post-dissolution.
- 3 What arrangements should be made for child maintenance and access.
Ratio Decidendi
The court found that the respondent's conduct, as described by the petitioner and not contested, amounted to cruelty sufficient to warrant dissolution of the marriage. The parties had reached a written agreement on the custody, care, and control of the children, which the court adopted as part of its judgment. The court emphasized joint custody, with the petitioner retaining care and control, and the respondent having reasonable access. The respondent was ordered to pay monthly maintenance for the children, and both parties were to share the costs of the petition equally. The court's decision was guided by the best interests of the children and the established legal principles regarding...
Court Disposition
Petition allowed; marriage dissolved on grounds of cruelty; custody, maintenance, and access orders issued as per parties' agreement.
Orders
- Decree Nisi to issue forthwith and be made absolute within 30 days.
- Parties to have joint custody of the children; petitioner to retain care and control until children are of age.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
DIVORCE CAUSE NUMBER 70 OF 2014
S J S S…….............................…PETITIONER
VERSUS
R K ……………………………RESPONDENT
JUDGMENT
The petitioner and the respondent got married on 12th July 2000 at the Registrar’s office, Nairobi. They lived and cohabited in Nairobi, and the marriage was blessed with two children:
N K – female – born on 21st December 2007; and
A K – male – born on 21st October 2010.
The couple ceased to cohabit in May 2014. The petitioner’s case is that, during the marriage, the respondent was of ungoverned temper, often flying into a fit of rage; was verbally abusive and argumentative; and was intolerant and unsupportive. These have caused her great psychological and emotional stress and anxiety. She considers these acts and conduct to be cruel. The court agrees with her.
On ground of cruelty, I order the dissolution of the marriage between the petitioner and the respondent. Decree Nisi shall issue forthwith. It shall be made absolute within 30 days.
The parties entered into a written agreement regarding custody, care and control of the children of the marriage. The agreement was filed and it was agreed that it be adopted as part of the judgment. This is hereby done.
For purposes of emphasis only, the parties shall have joint custody of the children with the petitioner retaining care and control of them until they are of age. The respondent shall have reasonable access to the children at agreed times. Neither party shall take the children out of jurisdiction without the written consent of the other, or without an order of the High Court at Nairobi. Decision relating to the children’s education shall be made jointly. Such decision shall always reflect the best interest of the children. The respondent shall monthly pay to the petitioner Ksh.100,000/= towards the children’s upkeep. The petitioner shall provide a Health Care Plan for the children until they are of age.
Lastly, the parties shall equally share the costs of this petition.
DATED and DELIVERED at NAIROBI this 12th June 2014.
A.O. MUCHELULE
JUDGE