Ker v Ker (Divorce Cause No. 25 of 1942) [1942] EACA 20 (1 January 1942)

### DIVORCE JURISDICTION

#### BEFORE LUCIE-SMITH. J.

### URSULA MARY KER. Petitioner

$\nu$ .

# ROBERT DERMOT PATON KER, Respondent.

## Divorce Cause No. 25 of 1942

Divorce—Dissolution of marriage—Discretion Statement.

*Held* (1-10-42).—That this was a case in which the Court should exercise its discretion.

### Archer for Petitioner.

No appearance of Respondent.

JUDGMENT.-From the affidavit of the respondent and the evidence of the petitioner I am satisfied that the domicile of the parties is Kenya.

From the Respondent's letter (UK 2) and the evidence of the petitioner I am satisfied that misconduct took place between the respondent and the woman named between the 19th and 24th August, 1942.

From the evidence of Maina, M. de Souza and the petitioner I am satisfied that misconduct took place between the respondent and the woman named at the Avenue Hotel during the month of September, 1942. The petitioner has made full and frank confession of her own misconduct subsequent to the respondent virtually leaving her in 1941 and I am satisfied that this is a case where the discretion of the Court should not be refused—See Filmer v. Filmer D. C. 1/42 and Herod v. Herod $(1939)$ P:11.

I pronounce a *decree nisi* in favour of the petitioner as prayed.

I further order that the respondent do pay to the petitioner by way of alimony *pendente lite* the sum of £10 per month, as from $1-10-42$ .

Costs to petitioner.

Practice Note.—In this case the "discretion statement" was handed to the Judge in Court in a sealed envelope. Having perused the statement the Judge returned the same to the petitioner's advocate against his receipt and undertaking to produce if so required.