[2010] KEHC 3907 (KLR)

[2010] KEHC 3907 (KLR)

The court found that both parties had not only separated and lived apart for a significant period but had also established new relationships, with the Respondent having children with another man and the Petitioner cohabiting with another woman. The facts were not disputed by either party. The court held that these circumstances constituted an irretrievable breakdown of the marriage, as reconciliation was neither possible nor desired by either party. Both the Petition and Cross-Petition were therefore allowed, and the marriage was ordered dissolved.

Citation
[2010] KEHC 3907 (KLR)
Parties
Petitioner: B.T; Respondent: C.C.T
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
5 February 2010
Case Number
Divorce Cause 9 of 2006
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition and Cross-Petition allowed; marriage dissolved.
Judges
MJA Emukule
Legal Topics
Dissolution of Marriage, Adultery, Desertion, Irretrievable Breakdown, Cross Petition, Matrimonial Offences
Source Language
English
Family and Children Dissolution of Marriage Adultery Desertion Irretrievable Breakdown Cross Petition Matrimonial Offences

Case Brief

Summary, issues, holding and outcome

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Parties

B.T

Petitioner

C.C.T

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the Petitioner and Respondent has irretrievably broken down.
  2. 2 Whether grounds of adultery and desertion have been established by either party to warrant dissolution of marriage.
  3. 3 Whether both the Petition and Cross-Petition should be allowed.

Ratio Decidendi

The court found that both parties had not only separated and lived apart for a significant period but had also established new relationships, with the Respondent having children with another man and the Petitioner cohabiting with another woman. The facts were not disputed by either party. The court held that these circumstances constituted an irretrievable breakdown of the marriage, as reconciliation was neither possible nor desired by either party. Both the Petition and Cross-Petition were therefore allowed, and the marriage was ordered dissolved.

Court Disposition

Petition and Cross-Petition allowed; marriage dissolved.

Orders

  • The marriage between the Petitioner and Respondent is dissolved.
  • A decree nisi is issued for three months, to be made absolute unless application to the contrary is made.