[2013] KEHC 4084 (KLR)

[2013] KEHC 4084 (KLR)

The court found that the marriage between the Petitioner and Respondent had irretrievably broken down, as evidenced by mutual accusations of cruelty, admitted adultery, lack of trust, and the complete breakdown of intimacy. The court determined that there was no possibility of salvaging the marriage. While both parties accused each other of cruelty and adultery, the court viewed these as symptoms rather than causes of the marital breakdown. The court granted the petition for divorce and issued a decree nisi, to be made absolute in thirty days. The court declined to make orders on custody and maintenance, directing the parties to the Children’s Court, which has the primary jurisdiction...

Citation
[2013] KEHC 4084 (KLR)
Parties
Petitioner: S D G; Respondent: HSG
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
4 April 2013
Case Number
Divorce Cause 93 of 2011
Procedural Posture
Divorce Cause / Judgment
Outcome
petition for divorce granted; marriage dissolved; custody and maintenance to be determined by Children’s Court; no order as to costs.
Judges
LK Kimaru
Legal Topics
Divorce, Custody of Children, Maintenance, Alimony, Cruelty, Adultery
Source Language
English
Family and Children Divorce Custody of Children Maintenance Alimony Cruelty Adultery

Case Brief

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Parties

S D G

Petitioner

HSG

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the Petitioner and Respondent has irretrievably broken down.
  2. 2 Whether the Petitioner or Respondent is entitled to a decree of divorce on grounds of cruelty or adultery.
  3. 3 Who should have custody and maintenance of the child of the marriage.

Ratio Decidendi

The court found that the marriage between the Petitioner and Respondent had irretrievably broken down, as evidenced by mutual accusations of cruelty, admitted adultery, lack of trust, and the complete breakdown of intimacy. The court determined that there was no possibility of salvaging the marriage. While both parties accused each other of cruelty and adultery, the court viewed these as symptoms rather than causes of the marital breakdown. The court granted the petition for divorce and issued a decree nisi, to be made absolute in thirty days. The court declined to make orders on custody and maintenance, directing the parties to the Children’s Court, which has the primary jurisdiction...

Court Disposition

petition for divorce granted; marriage dissolved; custody and maintenance to be determined by Children’s Court; no order as to costs.

Orders

  • The marriage solemnized on 22nd December 1995 between the Petitioner and the Respondent is hereby dissolved.
  • Decree nisi dissolving the said marriage is hereby issued and shall be made absolute within thirty (30) days of the date of this judgment.