[2009] KEHC 3002 (KLR)

[2009] KEHC 3002 (KLR)

The court found that the petitioner's testimony, which was unchallenged, established that the respondent's conduct amounted to cruelty. The cruelty was willful, unjustified, and of such a character as to endanger the petitioner's life physically and mentally, or to give rise to a reasonable apprehension of such danger. The court held that the petitioner had proved her case on the balance of probabilities and was entitled to a decree of divorce on the ground of cruelty. Accordingly, the marriage was dissolved and a decree nisi was issued, to be made absolute after one month.

Citation
[2009] KEHC 3002 (KLR)
Parties
Applicant: DJB; Respondent: JMB
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
6 May 2009
Case Number
Divorce Cause 51 of 2008
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed. Marriage dissolved on ground of cruelty. Decree nisi to issue forthwith, to be made absolute after one month. Respondent to pay petitioner's costs.
Legal Topics
Divorce, Cruelty, Hindu Marriage, Matrimonial Offences
Source Language
English
Family and Children Divorce Cruelty Hindu Marriage Matrimonial Offences

Case Brief

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Parties

DJB

Applicant

JMB

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent's conduct amounted to cruelty justifying dissolution of the marriage.
  2. 2 Whether the petitioner is entitled to a decree of divorce on the ground of cruelty.

Ratio Decidendi

The court found that the petitioner's testimony, which was unchallenged, established that the respondent's conduct amounted to cruelty. The cruelty was willful, unjustified, and of such a character as to endanger the petitioner's life physically and mentally, or to give rise to a reasonable apprehension of such danger. The court held that the petitioner had proved her case on the balance of probabilities and was entitled to a decree of divorce on the ground of cruelty. Accordingly, the marriage was dissolved and a decree nisi was issued, to be made absolute after one month.

Court Disposition

Petition allowed. Marriage dissolved on ground of cruelty. Decree nisi to issue forthwith, to be made absolute after one month. Respondent to pay petitioner's costs.

Orders

  • The petitioner’s marriage to the respondent is dissolved.
  • Decree nisi to issue forthwith and to be made absolute after one month.