Scribd Logo
Upload

Welcome to Scribd!

  • 98 views

    Divorce Cause 150 of 2010

    Uploaded by

    Mzee Mayse Codiers
    The petitioner filed for divorce from the respondent on grounds of cruelty and adultery. The respondent denied these claims and filed a cross-petition for divorce on grounds of desertion and cruelty. The court accepted evidence that the parties had been separated since 2009 and had not cohabited since, and that the marriage had irretrievably broken down. The court therefore dissolved the marriage and issued a decree nisi. The parties agreed to joint legal custody of their minor child, with the petitioner having care and control and the respondent having access and responsibility for school fees. Each party was responsible for their own costs.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Divorce Cause 150 of 2010

    Uploaded by

    Mzee Mayse Codiers
    98 views2 pages
    The petitioner filed for divorce from the respondent on grounds of cruelty and adultery. The respondent denied these claims and filed a cross-petition for divorce on grounds of desertion and cruelty. The court accepted evidence that the parties had been separated since 2009 and had not cohabited since, and that the marriage had irretrievably broken down. The court therefore dissolved the marriage and issued a decree nisi. The parties agreed to joint legal custody of their minor child, with the petitioner having care and control and the respondent having access and responsibility for school fees. Each party was responsible for their own costs.

    Original Description:

    ;li jl j kkljkhhkjkj jkj kj hkjhkjh kj kj kkjhjhh jhj hjhkj kjh

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The petitioner filed for divorce from the respondent on grounds of cruelty and adultery. The respondent denied these claims and filed a cross-petition for divorce on grounds of desertion and cruelty. The court accepted evidence that the parties had been separated since 2009 and had not cohabited since, and that the marriage had irretrievably broken down. The court therefore dissolved the marriage and issued a decree nisi. The parties agreed to joint legal custody of their minor child, with the petitioner having care and control and the respondent having access and responsibility for school fees. Each party was responsible for their own costs.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    98 views2 pages

    Divorce Cause 150 of 2010

    Uploaded by

    Mzee Mayse Codiers
    The petitioner filed for divorce from the respondent on grounds of cruelty and adultery. The respondent denied these claims and filed a cross-petition for divorce on grounds of desertion and cruelty. The court accepted evidence that the parties had been separated since 2009 and had not cohabited since, and that the marriage had irretrievably broken down. The court therefore dissolved the marriage and issued a decree nisi. The parties agreed to joint legal custody of their minor child, with the petitioner having care and control and the respondent having access and responsibility for school fees. Each party was responsible for their own costs.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    M.K v J.

    K [2016] eKLR

    REPUBLIC OF KENYA

    IN THE HIGH COURT OF KENYA AT NAIROBI

    MILIMANI LAW COURTS

    FAMILY DIVISION

    DIVORCE CAUSE NO. 150 OF 2010

    M.K................................................................................PETITIONER

    VERSUS

    J.K...............................................................................RESPONDENT

    JUDGMENT

    1. On 31st May 1996, the petitioner and the respondent got married under the now repealed
    Marriage Act (Cap 150) at a ceremony conducted at the Registrar of Marriages Office at Nairobi.
    The couple subsequently co-habited as husband and wife in several places within Nairobi with
    their last residence being at [particulars withheld] in Kileleshwa. The union was blessed with two
    issues: A.K.L born in 1996 and S.C.L born in 2006.

    2. In the petition dated 18th November 2010, the petitioner sought the dissolution of the marriage
    on the grounds of cruelty and adultery and listed the particulars. The respondent on his part filed
    his answer to the petition and cross-petition. He denied the particulars of cruelty and adultery,
    and in his cross-petition sought the dissolution of the marriage on the grounds of constructive
    desertion and cruelty on the part of the petitioner He listed the particulars.

    3. During the hearing, counsel for petitioner made an application to amend the petition by adding
    paragraph 14 stating that “The marriage between the petitioner and the respondent has
    irretrievably broken down” and paragraph 15 stating that “The petitioner and the respondent
    have not been living together in the same house since 2009 and have not cohabited together
    since.” He also sought amendment of the prayers so that paragraph (e) reads “Each party to
    bear own costs.” The court allowed the above amendments. Counsel for respondent also sought
    amendment of the answer to petition and cross-petition to withdraw the cross-petition with no
    order as to costs.

    4. The petitioner testified that they stopped staying together and cohabiting in October 2009
    following differences. Before then several meetings had been held to try and reconcile them. The
    meetings were held at their house at Kileleshwa, and in Kericho and Nandi. They were attended
    by their parents, uncles, aunties and pastor. The couple was not able to reconcile. In the
    evidence of the petitioner, the marriage has broken down irretrievably.

    http://www.kenyalaw.org - Page 1/2


    M.K v J.K [2016] eKLR

    5. I accept that evidence. It was not challenged. On the basis that the parties have been separated
    since October 2009, have not cohabited since, and the marriage has broken down beyond repair,
    I order its dissolution. Decree Nisi shall issue and shall become absolute after 30 days.

    6. The parties have agreed that they will have joint legal custody of S.C.L., with the petitioner
    having the care and control of the minor. The respondent shall have full access to the said minor.
    Lastly, the respondent shall from today henceforth cater for the fees of S.C.L. until she attains 18
    years.

    7. Each party shall bear own costs on the petition, and the cross- petition shall be deemed to be
    withdrawn with no orders as to costs.

    DATED and DELIVERED at NAIROBI this 4TH DECEMBER 2015

    A.O. MUCHELULE

    JUDGE

    While the design, structure and metadata of the Case Search database are licensed by Kenya Law under a Creative Commons
    Attribution-ShareAlike 4.0 International, the texts of the judicial opinions contained in it are in the public domain and are free from any copyright restrictions.
    Read our Privacy Policy | Disclaimer

    http://www.kenyalaw.org - Page 2/2

    Powered by TCPDF (www.tcpdf.org)

    You might also like