[2017] KEHC 2366 (KLR)

[2017] KEHC 2366 (KLR)

The court found that the Petitioner had proved, on a balance of probabilities, that the Respondent was guilty of cruelty and desertion as defined under section 66(2)(d) and (e) of the Marriage Act, 2014. The evidence showed that the parties had not cohabited since 2011, and the Respondent had failed to participate in the proceedings or contest the allegations. The court concluded that the marriage had irretrievably broken down and could not be salvaged, warranting its dissolution.

Citation
[2017] KEHC 2366 (KLR)
Parties
Applicant: A N M; Respondent: D M M
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
3 November 2017
Case Number
Divorce Cause 35 of 2015
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
LA Achode
Legal Topics
Divorce, Matrimonial Offences, Cruelty, Desertion
Source Language
English
Family and Children Divorce Matrimonial Offences Cruelty Desertion

Case Brief

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Parties

A N M

Applicant

D M M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent was guilty of cruelty towards the Petitioner.
  2. 2 Whether the Respondent deserted the Petitioner for at least three years.
  3. 3 Whether the marriage has irretrievably broken down under section 66(2) of the Marriage Act, 2014.

Ratio Decidendi

The court found that the Petitioner had proved, on a balance of probabilities, that the Respondent was guilty of cruelty and desertion as defined under section 66(2)(d) and (e) of the Marriage Act, 2014. The evidence showed that the parties had not cohabited since 2011, and the Respondent had failed to participate in the proceedings or contest the allegations. The court concluded that the marriage had irretrievably broken down and could not be salvaged, warranting its dissolution.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated between the Petitioner and the Respondent at the Registrar’s office in Nairobi on 13th December, 1996 is hereby dissolved.
  • A Decree nisi dissolving the said marriage is hereby issued to be made absolute thirty (30) days from the date of this judgment.