T. K. M v C. M. N [2018] KEHC 8767 (KLR)
- Court
- High Court of Kenya
- Case number
- 8767
- Citation
- [2018] KEHC 8767 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetition for dissolution of marriageCoramJustice Mary Kasango
Holding
The marriage is dissolved on the ground of cruelty, and the wife is awarded custody of the child.
Facts
The petitioner, T.K.M, alleged that her husband, C.M.N, committed cruelty, including ungovernable temper, violence, obscene language, threats, attempted sodomy, misuse of finances, and frequent drunkenness. The wife moved out with their child in November 2016.
Issues
- Whether the marriage has irretrievably broken down due to cruelty
- Determination of custody of the child
Reasoning
The court found that the wife had proved her case on a balance of probability, citing the lack of a comprehensive definition of cruelty and the need to consider each case on its own facts.
Outcome
Dissolution of marriage
Orders
- Decree Nisi issued and to be made absolute within 30 days
- C.M.N to pay costs of the petition
- T.K.M to be awarded custody of the child A.G.
Remedies
- Dissolution of marriage
- Custody of child
Authorities cited
Legislation (1)
- Marriage Act No. 4 of 2014
Cases cited (2)
- JSM –v-ENB [2015]eKLR
- MEME –v- MEME [1976 -80] KLR 17
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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