[2013] KEHC 447 (KLR)

[2013] KEHC 447 (KLR)

The court found that both parties had sought divorce on grounds of cruelty, each denying the other's allegations. The evidence showed that the parties had not lived together or consummated their marriage since 2009/2010, indicating an irretrievable breakdown. The court concluded that the marriage could not be salvaged and that the best course was to dissolve it. Both the petition and cross-petition were allowed, and a decree nisi was issued, to be made absolute after six months. Each party was ordered to bear their own costs.

Citation
[2013] KEHC 447 (KLR)
Parties
Petitioner: AKM; Respondent: BIN
Court
High Court
Court Station
High Court at Embu
Jurisdiction
Kenya
Judgment Date
22 November 2013
Case Number
Divorce Cause 3 of 2012
Procedural Posture
Divorce Petition / Judgment
Outcome
petition and cross-petition allowed; marriage dissolved
Legal Topics
Divorce, Cruelty, Desertion, Adultery, Irretrievable Breakdown of Marriage
Source Language
English
Family and Children Divorce Cruelty Desertion Adultery Irretrievable Breakdown of Marriage

Case Brief

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Parties

AKM

Petitioner

BIN

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the petitioner proved cruelty and desertion as grounds for divorce.
  2. 2 Whether the respondent proved cruelty and adultery as grounds for divorce in the cross-petition.
  3. 3 Whether the marriage has irretrievably broken down.

Ratio Decidendi

The court found that both parties had sought divorce on grounds of cruelty, each denying the other's allegations. The evidence showed that the parties had not lived together or consummated their marriage since 2009/2010, indicating an irretrievable breakdown. The court concluded that the marriage could not be salvaged and that the best course was to dissolve it. Both the petition and cross-petition were allowed, and a decree nisi was issued, to be made absolute after six months. Each party was ordered to bear their own costs.

Court Disposition

petition and cross-petition allowed; marriage dissolved

Orders

  • A decree nisi is issued dissolving the marriage between the petitioner and respondent.
  • The decree nisi will be confirmed after six months.