[2014] KEHC 5395 (KLR)

[2014] KEHC 5395 (KLR)

The court found that the marriage between the Petitioner and Respondent had irretrievably broken down, as evidenced by mutual accusations of cruelty, infidelity, and desertion. The court determined that the parties no longer trusted each other and that the marital relationship had deteriorated beyond repair. The court specifically found that the matrimonial offence of desertion had been proved to the required standard on a balance of probabilities. Consequently, the court granted the petition for divorce and issued a decree nisi dissolving the marriage. The court deferred the issues of custody and maintenance of the children to the Children’s Court, which has the appropriate jurisdiction....

Citation
[2014] KEHC 5395 (KLR)
Parties
Applicant: D Y A; Respondent: R I L
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
30 April 2014
Case Number
Divorce Cause 171 of 2011
Procedural Posture
Divorce Cause / Judgment
Outcome
petition for divorce granted; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Custody of Children, Matrimonial Offences, Maintenance of Children
Source Language
English
Family and Children Divorce Custody of Children Matrimonial Offences Maintenance of Children

Case Brief

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Parties

D Y A

Applicant

R I L

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 either party has committed matrimonial offences such as cruelty, adultery, or desertion.
  3. 3 Who should be granted custody and maintenance of the children of the marriage.

Ratio Decidendi

The court found that the marriage between the Petitioner and Respondent had irretrievably broken down, as evidenced by mutual accusations of cruelty, infidelity, and desertion. The court determined that the parties no longer trusted each other and that the marital relationship had deteriorated beyond repair. The court specifically found that the matrimonial offence of desertion had been proved to the required standard on a balance of probabilities. Consequently, the court granted the petition for divorce and issued a decree nisi dissolving the marriage. The court deferred the issues of custody and maintenance of the children to the Children’s Court, which has the appropriate jurisdiction....

Court Disposition

petition for divorce granted; marriage dissolved

Orders

  • The marriage solemnized on 9th January 2009 at the Registrar’s Office, Nairobi between the Petitioner and the Respondent is hereby dissolved.
  • Decree nisi dissolving the said marriage is hereby issued, to be made absolute thirty (30) days from the date of judgment.