[2010] KEHC 115 (KLR)

[2010] KEHC 115 (KLR)

The court found that the petitioner had established, on a balance of probabilities, that the respondent subjected her to cruelty, including physical assault and harassment, which led to the irretrievable breakdown of the marriage. The respondent failed to attend court to substantiate his denials or allegations...

Source-derived case information.

Citation
[2010] KEHC 115 (KLR)
Parties
Petitioner: S.M.G; Respondent: D.J.M
Court
High Court
Court Station
High Court at Malindi
Jurisdiction
Kenya
Judgment Date
9 December 2010
Case Number
Divorce Cause 9 of 2009
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed; marriage dissolved; custody of children to petitioner; respondent granted access; costs to petitioner.
Judges
DO Ohungo
Legal Topics
Divorce, Matrimonial Cruelty, Child Custody, Irretrievable Breakdown, Maintenance, Access Rights
Source Language
english
Family and Children Divorce Matrimonial Cruelty Child Custody Irretrievable Breakdown Maintenance Access Rights

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

S.M.G

Petitioner

D.J.M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner has proved cruelty by the respondent to the required standard.
  2. 2 Whether the marriage has broken down irretrievably and should be dissolved.
  3. 3 Who should have custody of the children and what access rights should be granted to the respondent.

Ratio Decidendi

The court found that the petitioner had established, on a balance of probabilities, that the respondent subjected her to cruelty, including physical assault and harassment, which led to the irretrievable breakdown of the marriage. The respondent failed to attend court to substantiate his denials or allegations against the petitioner. Attempts at reconciliation had failed, and the parties' differences, particularly regarding the petitioner's employment and the respondent's conduct, were irreconcilable. The court concluded that there was no reasonable basis to insist the parties continue living together. The petitioner was granted custody of the children, with the respondent allowed to...

Court Disposition

Petition allowed; marriage dissolved; custody of children to petitioner; respondent granted access; costs to petitioner.

Orders

  • Decree nisi to issue and be made absolute after six months.
  • Custody of the children granted to the petitioner.