[2014] KEHC 591 (KLR)

[2014] KEHC 591 (KLR)

The court found that the petitioner had established the grounds of cruelty, desertion, and adultery as particularized in the petition. The parties had been separated for over twenty-two years, and the respondent had not contested the petition or appeared in court. The marriage was deemed to have irretrievably broken...

Source-derived case information.

Citation
[2014] KEHC 591 (KLR)
Parties
Applicant: B. J. M.; Respondent: D. M. M. M.
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
6 October 2014
Case Number
Divorce Cause 197 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
Marriage dissolved; decree nisi issued; decree absolute in 30 days; no orders as to property or costs.
Judges
MW Muigai
Legal Topics
Divorce, Cruelty, Desertion, Adultery, Irretrievable Breakdown, Matrimonial Property
Source Language
english
Family and Children Divorce Cruelty Desertion Adultery Irretrievable Breakdown Matrimonial Property

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Summary, issues, holding and outcome

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Parties

B. J. M.

Applicant

D. M. M. M.

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has irretrievably broken down as defined under the Marriage Act 2013.
  2. 2 Whether the grounds of cruelty, desertion, and adultery have been established by the petitioner.
  3. 3 Whether there are any claims for matrimonial property or maintenance by the petitioner.

Ratio Decidendi

The court found that the petitioner had established the grounds of cruelty, desertion, and adultery as particularized in the petition. The parties had been separated for over twenty-two years, and the respondent had not contested the petition or appeared in court. The marriage was deemed to have irretrievably broken down under section 66(6)(b) and (c) of the Marriage Act 2013. The petitioner made no claim for property or maintenance, and all children of the marriage were adults. Accordingly, the court granted the dissolution of the marriage, issuing a decree nisi and providing for a decree absolute in 30 days, with no orders as to property, children, or costs.

Court Disposition

Marriage dissolved; decree nisi issued; decree absolute in 30 days; no orders as to property or costs.

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • A decree nisi to issue.