[2013] KEHC 3750 (KLR)

[2013] KEHC 3750 (KLR)

The court found that the petitioner had established, to the required standard, that the respondent treated him with cruelty and deserted the matrimonial home since January 2009. The allegations were unchallenged as the respondent did not appear or file a response. The evidence, both documentary and oral, was...

Source-derived case information.

Citation
[2013] KEHC 3750 (KLR)
Parties
Petitioner: S.K.R.T; Respondent: I.W.R
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
2 May 2013
Case Number
Divorce Cause 18 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved; joint custody granted; no order as to costs.
Judges
DN Musyoka
Legal Topics
Divorce, Cruelty, Child Custody, Matrimonial Breakdown
Source Language
english
Family and Children Divorce Cruelty Child Custody Matrimonial Breakdown

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Summary, issues, holding and outcome

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Parties

S.K.R.T

Petitioner

I.W.R

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent treated the petitioner with cruelty sufficient to warrant dissolution of marriage.
  2. 2 Whether the marriage has irretrievably broken down.
  3. 3 Whether there was collusion or condonation by the petitioner.

Ratio Decidendi

The court found that the petitioner had established, to the required standard, that the respondent treated him with cruelty and deserted the matrimonial home since January 2009. The allegations were unchallenged as the respondent did not appear or file a response. The evidence, both documentary and oral, was uncontroverted. The court was satisfied that the marriage had irretrievably broken down, there was no collusion between the parties, and the petitioner had not condoned the cruelty. Consequently, the court granted the orders sought, including dissolution of the marriage and joint custody of the child.

Court Disposition

petition allowed; marriage dissolved; joint custody granted; no order as to costs.

Orders

  • The marriage celebrated between the petitioner and respondent on 5th November 2002 is hereby dissolved.
  • Joint custody is granted to the petitioner and the respondent of the issue of the marriage, E.T.