A O O v W W M [2014] KEHC 8399 (KLR)
- Court
- High Court of Kenya
- Case number
- 8399
- Citation
- [2014] KEHC 8399 (KLR)
- Decided
- 6 October 2014
The marriage has irretrievably broken down, adultery and cruelty are proven, decree nisi issued, custody of the child granted to the petitioner, respondent granted reasonable access, costs to be paid by the respondent, cross-petition dismissed
Facts
Petitioner and respondent married on 24th April 2008. The respondent admitted to having an affair with a man in Rwanda and had a relationship with M O and R. She also had a relationship with a neighbor S. She refused to participate in household duties and moved to the USA.
Issues
- adultery
- cruelty
- irretrievable breakdown of marriage
Reasoning
Petitioner's evidence of adultery and cruelty was accepted, respondent's refusal to participate in household duties and refusal to pay for the child's upkeep was noted.
Outcome
Decree nisi issued, costs to be paid by respondent, cross-petition dismissed
Orders
- Decree nisi issued
- Petitioner has custody of the child
- Respondent granted reasonable access to the child
- Costs to be paid by respondent
Remedies
- Decree nisi issued
- Petitioner has custody of the child
- Respondent granted reasonable access to the child
- Costs to be paid by respondent
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