[2013] KEHC 3050 (KLR)

[2013] KEHC 3050 (KLR)

The court found that the marriage between the petitioner and respondent had completely broken down, with both parties testifying that reconciliation was not possible. The court was satisfied that the grounds of cruelty and desertion had been established and that there was no evidence of collusion or condonation. Accordingly, the court allowed the petition and ordered the dissolution of the marriage, issuing a decree nisi to be made absolute after fourteen days.

Citation
[2013] KEHC 3050 (KLR)
Parties
Petitioner: A V L; Respondent: E O O
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
25 July 2013
Case Number
Divorce Cause 138 of 2011
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed; marriage dissolved.
Judges
DN Musyoka
Legal Topics
Divorce, Matrimonial Breakdown, Cruelty, Desertion
Source Language
English
Family and Children Divorce Matrimonial Breakdown Cruelty Desertion

Case Brief

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Parties

A V L

Petitioner

E O O

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
  2. 2 Whether cruelty and desertion have been established as grounds for dissolution of marriage.
  3. 3 Whether there was collusion or condonation between the parties in bringing the proceedings.

Ratio Decidendi

The court found that the marriage between the petitioner and respondent had completely broken down, with both parties testifying that reconciliation was not possible. The court was satisfied that the grounds of cruelty and desertion had been established and that there was no evidence of collusion or condonation. Accordingly, the court allowed the petition and ordered the dissolution of the marriage, issuing a decree nisi to be made absolute after fourteen days.

Court Disposition

Petition allowed; marriage dissolved.

Orders

  • The marriage celebrated between the petitioner and respondent on 10th January 1996 is hereby dissolved.
  • Decree nisi to issue forthwith, to be made absolute after fourteen (14) days.