RAA V FWA [2012] KEHC 1683 (KLR)
- Court
- High Court of Kenya
- Case number
- 1683
- Citation
- [2012] KEHC 1683 (KLR)
- Decided
- 17 October 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner presented undefended petition for dissolution of marriage on grounds of adultery and desertionCoramG.B.M. KARIUKI, SC
Holding
Adultery is proven, decree of divorce granted
Facts
Petitioner and Respondent married in 1993, had two children, ceased cohabiting in 2005, and the marriage was dissolved on grounds of adultery and cruelty
Issues
- adultery
- desertion
Reasoning
Petitioner proved adultery by Respondent's pregnancy and birth of two children not sired by him, leading to a presumption of adultery
Outcome
Decree of divorce granted
Orders
- Decree nisi issued immediately, to be made absolute after three months
Remedies
- Custody of children not determined due to lack of evidence
Authorities cited
Legislation (1)
- Matrimonial Causes Act Cap 152
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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