Shaili Anuj Rasiklal Shah v Anuj Rasiklal Mohanlal Shah & another [2005] KEHC 1997 (KLR)
- Court
- High Court of Kenya
- Case number
- 1997
- Citation
- [2005] KEHC 1997 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner sought divorce on grounds of adultery, respondent failed to appear and file a replying affidavitCoramJoyce Aluoch
Holding
Order for divorce granted, custody of children awarded to petitioner, leave granted to petitioner to take children to the United Kingdom
Facts
Petitioner and respondent were married in 1991, had two sons. Petitioner suspected adultery and found her husband and F S in a flat. Respondent paid rent for the flat and moved to Kisumu for a new job, but later returned to Nairobi and moved in with F S.
Issues
- Whether the petitioner can prove adultery
- Whether the petitioner can take the children out of the jurisdiction
Reasoning
Petitioner proved adultery and respondent failed to reply to the petition, respondent neglected to provide for the children and pay school fees.
Outcome
Divorce granted
Orders
- Order for divorce
- Custody of children awarded to petitioner
- Leave granted to petitioner to take children to the United Kingdom
Remedies
- None specified
Authorities cited
Cases cited (2)
- MEHRUNNISSA v PARVEZ CIVIL APPEAL NO. 11 OF 1979
- DUVORT STEELS LTD v SIRS [1980] I WLR 142
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.
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