[2014] KEHC 5673 (KLR)

[2014] KEHC 5673 (KLR)

The court found that the petitioner had proved, on a balance of probabilities, that the respondent had treated him with cruelty and had deserted the matrimonial home. The respondent's failure to respond or contest the petition meant the petitioner's evidence was uncontroverted. The court was satisfied that the marriage had irretrievably broken down and that the petitioner was entitled to a decree of divorce on the ground of desertion. The court declined to make orders on custody and maintenance, directing the petitioner to pursue those issues in the appropriate forum.

Citation
[2014] KEHC 5673 (KLR)
Parties
Petitioner: A M K; Respondent: A A M
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
4 April 2014
Case Number
Divorce Cause 25 of 2011
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Matrimonial Breakdown, Custody, Desertion
Source Language
English
Family and Children Divorce Matrimonial Breakdown Custody Desertion

Case Brief

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Parties

A M K

Petitioner

A A M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner has proved grounds for divorce based on cruelty and desertion.
  2. 2 Whether the marriage has irretrievably broken down.
  3. 3 Whether the petitioner is entitled to custody of the children.

Ratio Decidendi

The court found that the petitioner had proved, on a balance of probabilities, that the respondent had treated him with cruelty and had deserted the matrimonial home. The respondent's failure to respond or contest the petition meant the petitioner's evidence was uncontroverted. The court was satisfied that the marriage had irretrievably broken down and that the petitioner was entitled to a decree of divorce on the ground of desertion. The court declined to make orders on custody and maintenance, directing the petitioner to pursue those issues in the appropriate forum.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated on 5th February 1998 between the petitioner and respondent is dissolved.
  • Decree nisi dissolving the marriage is issued, to be made absolute thirty (30) days from the date of judgment.