[2013] KEHC 797 (KLR)

[2013] KEHC 797 (KLR)

The court found that the Petitioner had established the matrimonial offence of cruelty and that the marriage had irretrievably broken down. The parties had lived together for less than a year and had been separated for more than one year, with all reconciliation efforts unsuccessful. The Respondent's failure to...

Source-derived case information.

Citation
[2013] KEHC 797 (KLR)
Parties
Petitioner: D O O; Respondent: M A O
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
22 November 2013
Case Number
Divorce Cause 237 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Matrimonial Offences, Cruelty, Irretrievable Breakdown, Desertion
Source Language
english
Family and Children Divorce Matrimonial Offences Cruelty Irretrievable Breakdown Desertion

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Summary, issues, holding and outcome

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Parties

D O O

Petitioner

M A O

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent treated the Petitioner with cruelty.
  2. 2 Whether the marriage 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 the matrimonial offence of cruelty and that the marriage had irretrievably broken down. The parties had lived together for less than a year and had been separated for more than one year, with all reconciliation efforts unsuccessful. The Respondent's failure to participate in the proceedings further supported the Petitioner's case. Accordingly, the court granted the petition for divorce and ordered the dissolution of the marriage.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated on 8th June 2011 at the Registrar’s Office in Nairobi between the Petitioner and the Respondent is hereby dissolved.
  • Decree nisi dissolving the said marriage is hereby issued.