[2014] KEHC 8529 (KLR)

[2014] KEHC 8529 (KLR)

The court found that the respondent was cruel to the petitioner and lived an adulterous life during the marriage. The petitioner's evidence was unchallenged, and her testimony established both cruelty and adultery as grounds for dissolution. The court therefore ordered the dissolution of the marriage, granted...

Source-derived case information.

Citation
[2014] KEHC 8529 (KLR)
Parties
Applicant: S M M; Respondent: C N M
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
27 November 2014
Case Number
Divorce Cause 133 of 2014
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed. Marriage dissolved. Custody of children granted to petitioner. Costs to petitioner.
Judges
AO Muchelule
Legal Topics
Dissolution of Marriage, Child Custody, Matrimonial Cruelty, Adultery
Source Language
english
Family and Children Dissolution of Marriage Child Custody Matrimonial Cruelty Adultery

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Summary, issues, holding and outcome

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Parties

S M M

Applicant

C N M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent was cruel to the petitioner during the marriage.
  2. 2 Whether the respondent committed adultery during the marriage.
  3. 3 Whether the petitioner is entitled to dissolution of the marriage and custody of the children.

Ratio Decidendi

The court found that the respondent was cruel to the petitioner and lived an adulterous life during the marriage. The petitioner's evidence was unchallenged, and her testimony established both cruelty and adultery as grounds for dissolution. The court therefore ordered the dissolution of the marriage, granted custody of the children to the petitioner, and awarded costs to her.

Court Disposition

Petition allowed. Marriage dissolved. Custody of children granted to petitioner. Costs to petitioner.

Orders

  • Decree Nisi to issue and become absolute after 30 days.
  • Petitioner granted custody of the children.