[2014] KEHC 3552 (KLR)

[2014] KEHC 3552 (KLR)

The court found that the Petitioner had proved, on a balance of probabilities, that the Respondent had committed acts of cruelty, adultery, and desertion. The evidence was uncontroverted as the Respondent did not oppose the petition. The Respondent's relocation to Australia and her engagement in an adulterous relationship with D H demonstrated a lack of interest in continuing the marriage. The court concluded that the marriage had irretrievably broken down and that the Petitioner was entitled to a decree of divorce as sought in the petition.

Citation
[2014] KEHC 3552 (KLR)
Parties
Petitioner: A M J; Respondent: R C S
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
31 July 2014
Case Number
Divorce Cause 54 of 2014
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Matrimonial Offences, Adultery, Desertion, Custody of Children
Source Language
English
Family and Children Divorce Matrimonial Offences Adultery Desertion Custody of Children

Case Brief

Summary, issues, holding and outcome

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Parties

A M J

Petitioner

R C S

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent treated the Petitioner with cruelty, committed adultery, and deserted the matrimonial home.
  2. 2 Whether the marriage between the Petitioner and Respondent has irretrievably broken down and should be dissolved.

Ratio Decidendi

The court found that the Petitioner had proved, on a balance of probabilities, that the Respondent had committed acts of cruelty, adultery, and desertion. The evidence was uncontroverted as the Respondent did not oppose the petition. The Respondent's relocation to Australia and her engagement in an adulterous relationship with D H demonstrated a lack of interest in continuing the marriage. The court concluded that the marriage had irretrievably broken down and that the Petitioner was entitled to a decree of divorce as sought in the petition.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated between the Petitioner and the Respondent on 20th November 2004 at St. Mark's Church, Westlands in Nairobi is hereby dissolved.
  • Decree nisi dissolving the said marriage is hereby issued.