[2016] KEHC 3937 (KLR)

[2016] KEHC 3937 (KLR)

The court found that the respondent had properly filed a cross-petition seeking dissolution of the marriage, and that the evidence presented demonstrated the marriage had irretrievably broken down. The court was satisfied that the statutory requirements for dissolution had been met. Accordingly, the court ordered the dissolution of the marriage, issued a decree nisi, and made orders regarding equal custody and access to the children, with each party to bear their own costs.

Citation
[2016] KEHC 3937 (KLR)
Parties
Petitioner: W W M; Respondent: P M M
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
22 July 2016
Case Number
Divorce Cause 105 of 2009
Procedural Posture
Divorce Cause / Ruling
Outcome
petition and cross-petition allowed; marriage dissolved; custody and access orders granted
Judges
DN Musyoka
Legal Topics
Dissolution of Marriage, Custody of Children, Access Rights, Decree Nisi
Source Language
English
Family and Children Dissolution of Marriage Custody of Children Access Rights Decree Nisi

Case Brief

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Parties

W W M

Petitioner

P M M

Respondent

Procedural Posture

Divorce Cause / Ruling

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
  2. 2 Whether the respondent's cross-petition properly prays for dissolution of the marriage.
  3. 3 What custody and access arrangements are appropriate for the children of the marriage.

Ratio Decidendi

The court found that the respondent had properly filed a cross-petition seeking dissolution of the marriage, and that the evidence presented demonstrated the marriage had irretrievably broken down. The court was satisfied that the statutory requirements for dissolution had been met. Accordingly, the court ordered the dissolution of the marriage, issued a decree nisi, and made orders regarding equal custody and access to the children, with each party to bear their own costs.

Court Disposition

petition and cross-petition allowed; marriage dissolved; custody and access orders granted

Orders

  • The marriage between the parties is hereby dissolved.
  • Decree nisi shall issue forthwith, to be made absolute after thirty (30) days.