[2006] KEHC 2183 (KLR)
The court found that the petitioner had proved, on a balance of probabilities, that the respondent was guilty of cruelty and adultery, having subjected the petitioner to physical violence, psychological trauma, and neglect of family responsibilities. The respondent's conduct justified the dissolution of the...
Source-derived case information.
- Citation
- [2006] KEHC 2183 (KLR)
- Parties
- Petitioner: S W K; Respondent: J J M
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 5 of 2003
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition allowed. Decree nisi for divorce granted. Custody of children awarded to petitioner. Respondent to pay school fees. Petitioner awarded specified matrimonial property and costs.
- Legal Topics
- Divorce, Custody of Children, Matrimonial Property, Maintenance, Cruelty, Adultery
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
S W K
Petitioner
J J M
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the petitioner has established grounds for dissolution of marriage on account of cruelty and adultery.
- 2 Whether the petitioner is entitled to custody of the children and maintenance.
- 3 Whether the petitioner is entitled to a share of matrimonial property.
Ratio Decidendi
The court found that the petitioner had proved, on a balance of probabilities, that the respondent was guilty of cruelty and adultery, having subjected the petitioner to physical violence, psychological trauma, and neglect of family responsibilities. The respondent's conduct justified the dissolution of the marriage. The court further held that the best interests of the children required that custody be granted to the petitioner, with the respondent ordered to pay school fees. The petitioner was also entitled to retain certain matrimonial assets, including livestock and a share of land, as well as costs of the petition. The decree nisi was granted, to be made absolute after three months.
Court Disposition
Petition allowed. Decree nisi for divorce granted. Custody of children awarded to petitioner. Respondent to pay school fees. Petitioner awarded specified matrimonial property and costs.
Orders
- Decree nisi for divorce granted, to be made absolute after three months.
- Petitioner awarded custody of the two children.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
Divorce Cause 5 of 2003
S W K ………......................................……………PETITIONER
VERSUS
J J M …………………........................................……….RESPONDENT
J U D GM E N T
The Petitioner in this divorce cause S W K sought for an order of dissolution of a marriage that was solemnized between her and the respondent J J M on 20th February, 1998, at the office of the Registrar of Marriages at Nakuru. Before the said solemnization the parties were married under the Kikuyu Customary Law from 1990.
After the marriage the parties who are both domiciled in the Republic of Kenya, they cohabited at Banita within Solai area in Nakuru District. There are two issues of the said marriage namely:-
R W - aged 16 years.
L N - aged 10 years.
During the hearing of this petition, the Petitioner gave evidence and gave a detailed account of the particulars of cruelty stipulated in the petition for divorce. The Petitioner complained that the respondent was unfaithful to her, when she questioned the defendant about the women he was spending too much time with the Petitioner was subjected to severe beatings and at one time in 1999, the Petitioner said she was beaten until she fainted.
On another occasion the Respondent assaulted the Petitioner, hit her with a metal bar and thereby occasioning her actual bodily injuries.
Apart from physical beatings the Petitioner was also subjected to physiological trauma due to constant quarrels, threats and insults by the respondent.
It was the Petitioner’s evidence that the respondent neglected his parental responsibility of providing for the family and used all his money drinking alcohol with women friends. The Petitioner also accused the Respondent of having committed adultery with several women and one such incident the Respondent had to pay the mother of the girl he had defiled compensation. Due to these problems, the parties separated in July, 2003, and the Petitioner sought for a formal order of separation and now seeks for orders of dissolution of the marriage, custody of the children, maintenance and a declaration that the properties acquired during marriage are owned equally between the parties..
This Divorce Cause was not defended.
I have carefully considered the evidence by the Petitioner and the pleadings filed herein. I am satisfied that the Petitioner has been able to prove her case to the required standard.
Accordingly, I hereby pronounce the decree of divorce. The decree nisi shall remain in force for a period of 3 months and hereafter may be made absolute.
The Petitioner shall also be entitled to the custody of the two children and the respondent is hereby ordered to pay the children’s school fees.
The Petitioner shall be entitled to keep the three heads of cattle and sheep and one half share of plot in Nyandarua as well as the cost of this petition.
It is so ordered.
Judgement Read and Signed on 28th April, 2006.
MARTHA KOOME
JUDGE
28. 4.2006