D.S.H v S.P.K.B [2005] KEHC 2136 (KLR)
- Court
- High Court of Kenya
- Case number
- 2136
- Citation
- [2005] KEHC 2136 (KLR)
- Decided
- 17 June 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetition for divorce filed by D.S.H against S.P.K.BCoramL. KIMARU
Holding
The court grants the petitioner his petition for divorce and issues a Decree Nisi, declaring the marriage dissolved and granting the petitioner custody of the child.
Facts
The petitioner, D.S.H, claimed his marriage to the respondent, S.P.K.B, had irretrievably broken down due to cruelty, desertion, and lack of communication. The respondent, S.P.K.B, did not file a response to the petition.
Issues
- Whether the marriage between the petitioner and respondent has irretrievably broken down
- Whether the petitioner should be granted custody of the child of the marriage
Reasoning
The court found that the petitioner's testimony established that there was no longer a harmonious relationship between him and the respondent, and that the marriage had irretrievably broken down.
Outcome
The court grants the petitioner's petition for divorce and issues a Decree Nisi.
Orders
- Decree Nisi issued granting the petitioner divorce from the respondent
- Petitioner granted custody of the child of the marriage
- No orders as to costs
Remedies
- Divorce
- Custody of the child
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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