[1998] KEHC 163 (KLR)
The court found that the marriage between the parties had irreparably broken down, as evidenced by the uncontested testimony of the petitioner regarding cruelty and adultery by the respondent. The court was satisfied that the petitioner had been solely responsible for the support and welfare of the children, while...
Source-derived case information.
- Citation
- [1998] KEHC 163 (KLR)
- Parties
- Petitioner: S.I.M; Respondent: E.K.M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Judgment Date
- 10 June 1998
- Case Number
- ? 37 of 1996
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition allowed. Marriage dissolved. Custody of children granted to petitioner. Access to respondent. Each party to bear own costs.
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Divorce, Custody of Children, Grounds of Cruelty, Grounds of Adultery
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
S.I.M
Petitioner
E.K.M
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent has irreparably broken down.
- 2 Whether the petitioner is entitled to a decree of divorce on grounds of cruelty and adultery.
- 3 Who should have custody of the children of the marriage.
Ratio Decidendi
The court found that the marriage between the parties had irreparably broken down, as evidenced by the uncontested testimony of the petitioner regarding cruelty and adultery by the respondent. The court was satisfied that the petitioner had been solely responsible for the support and welfare of the children, while the respondent had failed in her parental duties. Given the lack of opposition and the evidence presented, the court concluded that the legal grounds for dissolution of the marriage were established. The petitioner was therefore entitled to a decree of divorce and custody of the children, with reasonable access granted to the respondent.
Court Disposition
Petition allowed. Marriage dissolved. Custody of children granted to petitioner. Access to respondent. Each party to bear own costs.
Orders
- The marriage between the parties is dissolved forthwith.
- The petitioner shall have custody of all the children of the marriage.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI DIVORCE CAUSE NO. 37 OF 1996
S.I.M....................................................................................PETITIONER VERSUS E.K.M.................................................................................RESPONDENT
JUDGMENT
This is an undefended divorce petition. The parties herein were married on 9th April, 1980 at the Office of the Registrar General Nairobi under the Provisions of The Marriage act cap 150 Laws of Kenya.
After the said marriage the parties cohabited as husband and wife in several Estates in Nairobi. They are both domiciled in Kenya.
There are four children out of the said marriage born between 198 and 1989. This is a divorce petition seeking the dissolution of the said marriage upon grounds of cruelty and adultery. The petitioner gave evidence in support of his pleadings which he adopted. He has been supporting the children whereas the respondent has chosen to lead an irresponsible life. he has also asked for the custody of the children of the marriage.
From the pleadings and the evidence adduced I believe the marriage has irreparably broken down and cannot be salvaged. The evidence of the petitioner is uncontested.
Accordingly, the marriage between the parties herein is dissolved forthwith. The petitioner shall have the custody of all the children of the marriage. the mother shall have access tot he said children twice per month during weekends at such times and days to be agreed between the parties.
DECREE NISI shall issue forthwith and may be made absolute on application by either party after three months from the date hereof.
Each party shall bear own costs.
Orders accordingly
Dated and delivered at Nairobi this 10th day of June, 1998
A. MBOGHOLI MSAGHA
JUDGE