[2015] KEHC 5876 (KLR)

[2015] KEHC 5876 (KLR)

The court found that the respondent deserted the matrimonial home and subjected the petitioner to cruelty, both of which are statutory grounds for dissolution of marriage. Although the period of desertion was less than three years, the evidence of cruelty and the irretrievable breakdown of the marriage justified...

Source-derived case information.

Citation
[2015] KEHC 5876 (KLR)
Parties
Petitioner: D D M; Respondent: B D D
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
26 February 2015
Case Number
Divorce Cause 28 of 2014
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
REA Ougo
Legal Topics
Divorce, Cruelty, Desertion, Irretrievable Breakdown, Matrimonial Causes, Marriage Dissolution
Source Language
english
Family and Children Divorce Cruelty Desertion Irretrievable Breakdown Matrimonial Causes Marriage Dissolution

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Summary, issues, holding and outcome

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Parties

D D M

Petitioner

B D D

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 deserted the petitioner without lawful cause for a period sufficient to justify dissolution of marriage.
  3. 3 Whether the marriage has irretrievably broken down under the applicable law.

Ratio Decidendi

The court found that the respondent deserted the matrimonial home and subjected the petitioner to cruelty, both of which are statutory grounds for dissolution of marriage. Although the period of desertion was less than three years, the evidence of cruelty and the irretrievable breakdown of the marriage justified granting the divorce. The petitioner's evidence was unchallenged, and there was no indication of collusion or condonation. The court concluded that the marriage had irretrievably broken down and ordered its dissolution.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the petitioner and respondent celebrated on 25th January 1987 is dissolved.
  • A decree nisi to issue forthwith and to be made absolute within 30 days.