[2013] KEHC 1732 (KLR)

[2013] KEHC 1732 (KLR)

The court found that the Petitioner had established, on a balance of probabilities, that the Respondent had treated him with cruelty, a matrimonial offence under the law. The evidence was uncontroverted as the Respondent did not defend the petition. The parties had been separated for over six years, and there was no realistic prospect of reconciliation. The court concluded that the marriage had irretrievably broken down and that the Petitioner was entitled to a decree of divorce.

Citation
[2013] KEHC 1732 (KLR)
Parties
Petitioner: D M K; Respondent: J M K
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
15 August 2013
Case Number
Divorce Cause 121 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
petition for divorce granted; marriage dissolved
Judges
LK Kimaru, DN Musyoka
Legal Topics
Divorce, Matrimonial Offences, Cruelty, Irretrievable Breakdown, Matrimonial Home, Separation
Source Language
English
Family and Children Divorce Matrimonial Offences Cruelty Irretrievable Breakdown Matrimonial Home Separation

Case Brief

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Parties

D M K

Petitioner

J M K

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent treated the Petitioner with cruelty amounting to a matrimonial offence.
  2. 2 Whether the marriage between the Petitioner and Respondent has irretrievably broken down.
  3. 3 Whether the Petitioner is entitled to a decree of divorce.

Ratio Decidendi

The court found that the Petitioner had established, on a balance of probabilities, that the Respondent had treated him with cruelty, a matrimonial offence under the law. The evidence was uncontroverted as the Respondent did not defend the petition. The parties had been separated for over six years, and there was no realistic prospect of reconciliation. The court concluded that the marriage had irretrievably broken down and that the Petitioner was entitled to a decree of divorce.

Court Disposition

petition for divorce granted; marriage dissolved

Orders

  • The marriage celebrated on 27th May 2000 between the Petitioner and the Respondent is hereby dissolved.
  • Decree nisi dissolving the said marriage is hereby issued.