[2019] KEHC 7485 (KLR)

[2019] KEHC 7485 (KLR)

The court found that the petitioner had proved her case on a balance of probabilities. The evidence of cruelty, including emotional and psychological neglect, adultery, and abandonment by the respondent, was unchallenged. The parties had lived apart for over eight years, demonstrating irretrievable breakdown of the...

Source-derived case information.

Citation
[2019] KEHC 7485 (KLR)
Parties
Petitioner: VN; Respondent: PB
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
9 May 2019
Case Number
Divorce Cause 108 of 2014
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed
Judges
A Ali-Aroni
Legal Topics
Divorce, Custody of Children, Cruelty, Irretrievable Breakdown, Matrimonial Offences
Source Language
english
Family and Children Divorce Custody of Children Cruelty Irretrievable Breakdown Matrimonial Offences

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Summary, issues, holding and outcome

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Parties

VN

Petitioner

PB

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
  2. 2 Whether the respondent treated the petitioner with cruelty.
  3. 3 Who should be granted custody of the minor child.

Ratio Decidendi

The court found that the petitioner had proved her case on a balance of probabilities. The evidence of cruelty, including emotional and psychological neglect, adultery, and abandonment by the respondent, was unchallenged. The parties had lived apart for over eight years, demonstrating irretrievable breakdown of the marriage. The court also considered the welfare of the children and granted custody of the minor child to the petitioner, as she had been the primary caregiver and the respondent had not contested custody. The marriage was therefore dissolved, and the petitioner was awarded costs.

Court Disposition

petition allowed

Orders

  • The marriage between VN and PB solemnised on 25th July 2000 is dissolved.
  • Custody of CSB is granted to the petitioner.