[2012] KEHC 4523 (KLR)

[2012] KEHC 4523 (KLR)

The court found that the Petitioner had established, on a balance of probabilities, that the Respondent was guilty of adultery, as the allegations were uncontroverted and supported by credible testimony. The Respondent's failure to defend the petition was treated as an indirect admission of the marital offence. The court was satisfied with the Petitioner’s evidence and demeanor, and concluded that the Petitioner was entitled to a decree of divorce. The court also found it appropriate, in the absence of any contrary application, to grant custody of the children to the Petitioner until further orders.

Citation
[2012] KEHC 4523 (KLR)
Parties
Petitioner: S.P.C; Respondent: M.S.C; Co Respondent: A.M
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
22 March 2012
Case Number
Divorce Cause 106 of 2011
Procedural Posture
Divorce Petition / Judgment
Outcome
petition allowed; marriage dissolved; custody of children to petitioner
Judges
CM Njagi
Legal Topics
Divorce, Adultery, Custody of Children
Source Language
English
Family and Children Divorce Adultery Custody of Children

Case Brief

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 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

S.P.C

Petitioner

M.S.C

Respondent

A.M

Co Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the Respondent committed adultery during the subsistence of the marriage.
  2. 2 Whether the Petitioner is entitled to dissolution of the marriage on grounds of adultery.
  3. 3 Whether the Petitioner should be granted custody of the children of the marriage.

Ratio Decidendi

The court found that the Petitioner had established, on a balance of probabilities, that the Respondent was guilty of adultery, as the allegations were uncontroverted and supported by credible testimony. The Respondent's failure to defend the petition was treated as an indirect admission of the marital offence. The court was satisfied with the Petitioner’s evidence and demeanor, and concluded that the Petitioner was entitled to a decree of divorce. The court also found it appropriate, in the absence of any contrary application, to grant custody of the children to the Petitioner until further orders.

Court Disposition

petition allowed; marriage dissolved; custody of children to petitioner

Orders

  • The marriage solemnized between the Petitioner and the 1st Respondent is hereby dissolved.
  • Decree nisi to issue.