[2013] KEHC 1910 (KLR)

[2013] KEHC 1910 (KLR)

The court found that the petitioner had established the matrimonial offence of cruelty to the required standard of proof. The evidence presented by the petitioner was uncontroverted, as the respondent did not attend the hearing to challenge the claims. The court determined that the marriage had irretrievably broken down, with the parties having ceased cohabitation since 2010 and living separately for over three years. The breakdown in communication and the lack of reconciliation attempts further demonstrated that the marriage could not be salvaged. Consequently, the court held that the petitioner was entitled to a decree of divorce dissolving the marriage.

Citation
[2013] KEHC 1910 (KLR)
Parties
Petitioner: B G P; Respondent: K B B
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
8 October 2013
Case Number
Divorce Cause 63 of 2011
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Matrimonial Offences, Cruelty, Child Maintenance
Source Language
English
Family and Children Divorce Matrimonial Offences Cruelty Child Maintenance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

B G P

Petitioner

K B B

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner established the matrimonial offence of cruelty to the required standard of proof.
  2. 2 Whether the marriage between the petitioner and respondent has irretrievably broken down warranting dissolution.

Ratio Decidendi

The court found that the petitioner had established the matrimonial offence of cruelty to the required standard of proof. The evidence presented by the petitioner was uncontroverted, as the respondent did not attend the hearing to challenge the claims. The court determined that the marriage had irretrievably broken down, with the parties having ceased cohabitation since 2010 and living separately for over three years. The breakdown in communication and the lack of reconciliation attempts further demonstrated that the marriage could not be salvaged. Consequently, the court held that the petitioner was entitled to a decree of divorce dissolving the marriage.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated between the petitioner and respondent on 4th December 1996 is dissolved.
  • Decree nisi dissolving the marriage is issued, to be made absolute thirty (30) days from the date of judgment.