[2013] KEHC 2829 (KLR)

[2013] KEHC 2829 (KLR)

The court found that the petitioner had proved the grounds of adultery, cruelty, and desertion as required under Section 8 of the Matrimonial Causes Act. The respondent did not contest the petition, and the petitioner's evidence was unrebutted. The court accepted the petitioner's testimony regarding the respondent's adulterous relationships, emotional and psychological cruelty, and desertion since 2009. The marriage was found to have irretrievably broken down. On the issue of custody, the court held that the petitioner, as the mother, should retain custody of the two minor children, as the respondent had not shown any interest or exceptional circumstances to warrant otherwise. However,...

Citation
[2013] KEHC 2829 (KLR)
Parties
Petitioner: S. J. T; Respondent: E. K. K
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
9 July 2013
Case Number
Divorce Cause 20 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed in part; marriage dissolved; custody of children granted to petitioner; maintenance claim dismissed; each party to bear own costs.
Judges
AW Macharia
Legal Topics
Divorce, Custody of Children, Maintenance of Children
Source Language
English
Family and Children Divorce Custody of Children Maintenance of Children

Case Brief

Summary, issues, holding and outcome

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Parties

S. J. T

Petitioner

E. K. K

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent should be dissolved on grounds of adultery, cruelty, and desertion.
  2. 2 Whether the petitioner should be granted full custody of the two children of the marriage.
  3. 3 Whether the respondent should be ordered to maintain the children of the marriage.

Ratio Decidendi

The court found that the petitioner had proved the grounds of adultery, cruelty, and desertion as required under Section 8 of the Matrimonial Causes Act. The respondent did not contest the petition, and the petitioner's evidence was unrebutted. The court accepted the petitioner's testimony regarding the respondent's adulterous relationships, emotional and psychological cruelty, and desertion since 2009. The marriage was found to have irretrievably broken down. On the issue of custody, the court held that the petitioner, as the mother, should retain custody of the two minor children, as the respondent had not shown any interest or exceptional circumstances to warrant otherwise. However,...

Court Disposition

Petition allowed in part; marriage dissolved; custody of children granted to petitioner; maintenance claim dismissed; each party to bear own costs.

Orders

  • The marriage between the petitioner and respondent is dissolved and a Decree Nisi shall issue forthwith.
  • Custody of the two children, I. C and I. K, is granted to the petitioner.