[2010] KEHC 561 (KLR)

[2010] KEHC 561 (KLR)

The court found that the respondent admitted, in her Reply to Petition, that the petitioner was not the father of the third child, amounting to an unmitigated admission of adultery. The respondent did not attend court to prove her allegations of desertion by the petitioner, while the petitioner gave sworn evidence...

Source-derived case information.

Citation
[2010] KEHC 561 (KLR)
Parties
Petitioner: T.K.K; Respondent: J.S
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
15 December 2010
Case Number
Divorce Cause 12 of 2006
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for dissolution of marriage allowed; marriage dissolved.
Judges
PM Mwilu
Legal Topics
Dissolution of Marriage, Adultery, Desertion, Custody of Children
Source Language
english
Family and Children Dissolution of Marriage Adultery Desertion Custody of Children

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Summary, issues, holding and outcome

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Parties

T.K.K

Petitioner

J.S

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent committed adultery during the subsistence of the marriage.
  2. 2 Whether the respondent deserted the matrimonial home in 2004.
  3. 3 Whether the respondent was cruel to the petitioner and if such cruelty is sufficient ground for dissolution of marriage.

Ratio Decidendi

The court found that the respondent admitted, in her Reply to Petition, that the petitioner was not the father of the third child, amounting to an unmitigated admission of adultery. The respondent did not attend court to prove her allegations of desertion by the petitioner, while the petitioner gave sworn evidence that the respondent deserted the matrimonial home in 2004 and never returned. The court believed the petitioner and found desertion on the part of the respondent proved. The particulars of cruelty were not sufficiently provided to meet the legal threshold. Therefore, the grounds of adultery and desertion were established, justifying the dissolution of the marriage. Custody of...

Court Disposition

Petition for dissolution of marriage allowed; marriage dissolved.

Orders

  • Marriage between the petitioner and respondent is dissolved.
  • Respondent to retain custody of the children of the marriage.