[2014] KEHC 3372 (KLR)

[2014] KEHC 3372 (KLR)

The court found that the petitioner's uncontroverted evidence established that the respondent was habitually absent from the matrimonial home without communication, causing the petitioner uncertainty and apprehension, which amounted to cruelty. Additionally, the respondent fathered a child with another woman during the marriage, which constituted adultery. Both grounds are recognized under section 66(2) of the Marriage Act, 2014 as valid reasons for dissolution of a civil marriage. The court was satisfied that the petitioner had made reasonable attempts at reconciliation, which were unsuccessful due to the respondent's lack of participation. Consequently, the court allowed the petition...

Citation
[2014] KEHC 3372 (KLR)
Parties
Petitioner: C M; Respondent: S M S
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
8 August 2014
Case Number
Divorce Cause 86 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
JV Juma
Legal Topics
Divorce, Adultery, Cruelty, Marriage Dissolution
Source Language
English
Family and Children Divorce Adultery Cruelty Marriage Dissolution

Case Brief

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Parties

C M

Petitioner

S M S

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent's conduct amounted to cruelty towards the petitioner.
  2. 2 Whether the respondent committed adultery during the subsistence of the marriage.
  3. 3 Whether the grounds for dissolution of marriage under section 66(2) of the Marriage Act, 2014 have been established.

Ratio Decidendi

The court found that the petitioner's uncontroverted evidence established that the respondent was habitually absent from the matrimonial home without communication, causing the petitioner uncertainty and apprehension, which amounted to cruelty. Additionally, the respondent fathered a child with another woman during the marriage, which constituted adultery. Both grounds are recognized under section 66(2) of the Marriage Act, 2014 as valid reasons for dissolution of a civil marriage. The court was satisfied that the petitioner had made reasonable attempts at reconciliation, which were unsuccessful due to the respondent's lack of participation. Consequently, the court allowed the petition...

Court Disposition

petition allowed; marriage dissolved

Orders

  • Decree nisi to issue to be made absolute within three months of the judgment date.
  • No order as to costs.