[2014] KEHC 7250 (KLR)

[2014] KEHC 7250 (KLR)

The court found that the marriage between the petitioner and respondent had completely broken down, with no communication or relationship subsisting since 2003. The evidence established that the parties had lived apart for a significant period, and there was no indication of collusion or condonation. The court was...

Source-derived case information.

Citation
[2014] KEHC 7250 (KLR)
Parties
Petitioner: D M M; Respondent: A S H M
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
31 January 2014
Case Number
Divorce Cause 127 of 2007
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
DN Musyoka
Legal Topics
Divorce, Matrimonial Breakdown, Custody of Children, Cruelty, Adultery, Desertion
Source Language
english
Family and Children Divorce Matrimonial Breakdown Custody of Children Cruelty Adultery Desertion

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Summary, issues, holding and outcome

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Parties

D M M

Petitioner

A S H M

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 acts of cruelty, adultery, and desertion were committed by either party.
  3. 3 Whether there was collusion or condonation in bringing the proceedings.

Ratio Decidendi

The court found that the marriage between the petitioner and respondent had completely broken down, with no communication or relationship subsisting since 2003. The evidence established that the parties had lived apart for a significant period, and there was no indication of collusion or condonation. The court was satisfied that the grounds for dissolution were met, as both parties alleged and conceded to acts of cruelty, adultery, and desertion, and neither party demonstrated willingness to continue the marriage. The marriage existed only on paper, and the court determined that it should be dissolved. Each party was ordered to bear their own costs, and a decree nisi was to issue, to be...

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated between the petitioner and respondent on 23rd December 2000 is dissolved.
  • Each party shall bear their own costs.