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B N O v E W M [2014] KEHC 4596 (KLR)

[2014] KEHC 4596 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
4596
Citation
[2014] KEHC 4596 (KLR)
Decided
16 June 2014
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner filed a petition for dissolution of marriage, respondent filed a cross-petitionCoramM. ODERO
Holding

Allowing the cross-petition, the court finds that the marriage has broken down due to adultery and cruelty. Costs are awarded to the respondent.

Facts

Petitioner and respondent got married on January 27, 2007. They have a son born in 2009. The respondent alleged adultery and cruelty, while the petitioner denied these allegations but withdrew the petition.

Issues

  1. Dissolution of marriage
  2. Adultery
  3. Cruelty

Reasoning

The court found that the petitioner engaged in adultery and cruelty, evidenced by his cohabitation with another woman and physical assault. The petitioner withdrew the petition, indicating the marriage's breakdown.

Outcome

Allowing the cross-petition

Orders

  • Decree nisi to issue to be made absolute within three months of the judgment date

Remedies

  • Awarding costs to the respondent
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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