[2014] KEHC 6442 (KLR)

[2014] KEHC 6442 (KLR)

The court found that the petitioner had established, on a balance of probabilities, the grounds of cruelty and adultery as alleged in her petition. The evidence was uncontroverted as the respondent did not defend the suit. The court was satisfied that the marriage had irretrievably broken down, as the parties had been separated for nearly three years and were no longer cohabiting. The court therefore granted the petition for divorce and ordered the dissolution of the marriage solemnized on 6th August 2004.

Citation
[2014] KEHC 6442 (KLR)
Parties
Petitioner: A.K; Respondent: D.M.M
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
7 February 2014
Case Number
Divorce Cause 40 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
petition for divorce granted; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Irretrievable Breakdown of Marriage, Adultery, Cruelty, Desertion, Custody of Children
Source Language
English
Family and Children Divorce Irretrievable Breakdown of Marriage Adultery Cruelty Desertion Custody of Children

Case Brief

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Parties

A.K

Petitioner

D.M.M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner established grounds for divorce based on cruelty, adultery, and desertion.
  2. 2 Whether the marriage between the petitioner and respondent has irretrievably broken down.

Ratio Decidendi

The court found that the petitioner had established, on a balance of probabilities, the grounds of cruelty and adultery as alleged in her petition. The evidence was uncontroverted as the respondent did not defend the suit. The court was satisfied that the marriage had irretrievably broken down, as the parties had been separated for nearly three years and were no longer cohabiting. The court therefore granted the petition for divorce and ordered the dissolution of the marriage solemnized on 6th August 2004.

Court Disposition

petition for divorce granted; marriage dissolved

Orders

  • The marriage solemnized on 6th August 2004 at the Registrar’s Office, Nairobi between the petitioner and respondent is dissolved.
  • Decree nisi dissolving the said marriage is issued.