O M I v S W M [2016] KEHC 2972 (KLR)
- Court
- High Court of Kenya
- Case number
- 2972
- Citation
- [2016] KEHC 2972 (KLR)
- Decided
- 19 August 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner seeks dissolution of marriage, custody of children, and costs; Respondent denies desertion and cruelty and seeks dismissal of petition and costs.CoramR. E. OUGO
Holding
The court finds the respondent guilty of desertion and the petitioner guilty of adultery, dissolving the marriage.
Facts
Petitioner and Respondent married on June 19, 2009. They had three children. The petitioner alleges desertion and cruelty, while the respondent denies these allegations.
Issues
- Desertion
- Cruelty
- Adultery
Reasoning
The court found that the respondent left the matrimonial home due to cruelty from the petitioner, constituting desertion. The petitioner admitted to living with another woman, constituting adultery.
Outcome
The marriage is dissolved.
Orders
- Dissolution of marriage
- Petitioner seeks custody of children, but the court will not make any orders regarding child custody or maintenance
Authorities cited
Legislation (2)
- Matrimonial Causes Act Cap 152 (now repealed)
- Marriage Act 2014
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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