[2005] KEHC 2136 (KLR)

[2005] KEHC 2136 (KLR)

The court found that the petitioner had established, on a balance of probabilities, that the respondent had been cruel, denied him conjugal rights, refused to participate in household chores, and deserted the matrimonial home for extended periods without communication or permission. The respondent's absence and lack of response to the petition further demonstrated the irretrievable breakdown of the marriage. The court held that there was no longer goodwill or possibility of reconciliation between the parties. Accordingly, the court granted the petition for divorce and awarded custody of the child to the petitioner, as the child was already residing with him and there was no evidence to...

Citation
[2005] KEHC 2136 (KLR)
Parties
Applicant: D.S.H; Respondent: S.P.K.B
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
17 June 2005
Case Number
Divorce Cause 5 of 2004
Procedural Posture
Divorce Cause / Judgment
Outcome
petition for divorce granted; marriage dissolved; custody of child to petitioner; no order as to costs
Legal Topics
Divorce, Custody of Children, Matrimonial Breakdown
Source Language
English
Family and Children Divorce Custody of Children Matrimonial Breakdown

Case Brief

Summary, issues, holding and outcome

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Parties

D.S.H

Applicant

S.P.K.B

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner has established grounds for divorce based on cruelty and desertion by the respondent.
  2. 2 Whether the marriage between the petitioner and respondent has irretrievably broken down.
  3. 3 Who should have custody of the child of the marriage.

Ratio Decidendi

The court found that the petitioner had established, on a balance of probabilities, that the respondent had been cruel, denied him conjugal rights, refused to participate in household chores, and deserted the matrimonial home for extended periods without communication or permission. The respondent's absence and lack of response to the petition further demonstrated the irretrievable breakdown of the marriage. The court held that there was no longer goodwill or possibility of reconciliation between the parties. Accordingly, the court granted the petition for divorce and awarded custody of the child to the petitioner, as the child was already residing with him and there was no evidence to...

Court Disposition

petition for divorce granted; marriage dissolved; custody of child to petitioner; no order as to costs

Orders

  • Decree Nisi issued granting the petitioner divorce from the respondent.
  • The marriage celebrated on 3rd December 1995 between the petitioner and respondent is dissolved.