M v M [2001] KEHC 832 (KLR)
- Court
- High Court of Kenya
- Case number
- 832
- Citation
- [2001] KEHC 832 (KLR)
- Decided
- 21 March 2001
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner seeks divorce on grounds of adultery and cruelty.CoramD.K.S. AGANYANYA
Holding
The petition is dismissed as the petitioner has not proved adultery or cruelty on the required standard of proof.
Facts
The petitioner and respondent had a child through an association with a third party, and the petitioner alleged adultery and cruelty. The petitioner left the matrimonial home and filed for divorce.
Issues
- Whether adultery and cruelty have been proven against the respondent.
- Whether the petitioner's tolerance justifies condoning the respondent's conduct.
Reasoning
The court found the evidence insufficient to prove adultery or cruelty, and the petitioner's tolerance towards the respondent's conduct was not sufficient to warrant a divorce.
Outcome
Petition dismissed.
Orders
- Each party bears his/her own costs.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…