[2006] KEHC 1203 (KLR)
The court found that the marriage between the petitioner and respondent had irretrievably broken down due to persistent misunderstandings, deep suspicion, and a total breakdown of communication. Both parties had petitioned and cross-petitioned for divorce, and reconciliation efforts had failed. The evidence...
Source-derived case information.
- Citation
- [2006] KEHC 1203 (KLR)
- Parties
- Applicant: C.K.N; Respondent: R.N.K; Respondent: J.K.K
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 7 of 2004
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Decree of divorce granted; decree nisi to issue and may be made absolute after three months.
- Legal Topics
- Divorce, Irretrievable Breakdown of Marriage, Custody of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
C.K.N
Applicant
R.N.K
Respondent
J.K.K
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
- 2 Whether a decree of divorce should be granted.
Ratio Decidendi
The court found that the marriage between the petitioner and respondent had irretrievably broken down due to persistent misunderstandings, deep suspicion, and a total breakdown of communication. Both parties had petitioned and cross-petitioned for divorce, and reconciliation efforts had failed. The evidence demonstrated that the relationship could not be salvaged, making the dissolution of the marriage inevitable. The court was satisfied that the petition was not brought through collusion but was necessitated by the breakdown of the marital relationship. Accordingly, the court granted a decree of divorce, to be made absolute after three months.
Court Disposition
Decree of divorce granted; decree nisi to issue and may be made absolute after three months.
Orders
- Decree of divorce is pronounced.
- Decree nisi shall issue after a period of three months, after which it may be made absolute.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU
Divorce Cause 7 of 2004
C.K.N……………................................………….……..PETITIONER
VERSUS
R.N.K……........................................……….…….….RESPONDENT
J.K.K………...................................………………C0-RESPONDENT
JUDGEMENT
The petitioner in this Divorce Cause C.K.N petitioned for the dissolution of the marriage between him and the respondent R.N.K The Marriage was solemnized on the 2nd day of May, 1998, at St. Christopher Church A.C.K. Nakuru. Both parties are domiciled in the Republic of Kenya. The parties cohabited as husband and wife within Nakuru town until August 2003 when they separated.
There is one issue of the marriage a girl child known as M.Naged 6 years old. According to the petitioner, their marriage started experiencing problems after two years when the respondent adopted a very hostile attitude against the petitioner. There was total breakdown of communication and it became very difficult for the parties to agree on anything and this was followed by mistrust and suspicion of adultery.
The relationship deteriorated and despite concerted efforts by Church Elders to reconcile the parties, their efforts did not yield any results. The parties finally separated in August 2003 and they have been living separately. According to the petitioner the marriage is irretrievably broken down due to irreconcilable differences and since the separation the parties have gone different ways. The respondent filed an answer to the petition and she too cross-petitioned for divorce, however she did not testify during the hearing of this petition.
I have carefully considered this matter and the material that was placed before her. It is clear that this marriage was characterized by misunderstanding and deep suspicion that led the parties to separation in August, 2003.
Both of them have petitioned and cross-petitioned for divorce, and whichever way one looks at this matter both parties are seeking for divorce due to irreconcilable difference and dissolution of the marriage is inevitable.
From the evidence before me, I am satisfied that this petition was not brought through conclusion but for reasons that the parties relationship broke down and it was not possible for them to stay together due to breakdown of communication and suspicion and mistrust of one, another.
Accordingly I hereby pronounce the decree of divorce and the decree nisi shall issue after a period of three months after which
it may be made absolute. This being a family matter let each party bear their own costs of these proceedings.
It is so ordered.
Judgement read and signed on 14th July, 2006.
MARTHA KOOME
JUDGE