[2017] KEHC 8827 (KLR)

[2017] KEHC 8827 (KLR)

The court found that both parties had engaged in adulterous relationships and had been separated since 1992, with no resumption of cohabitation. The evidence established that the marriage had irretrievably broken down, satisfying the statutory grounds for dissolution under Section 65 of the Marriage Act, 2014. The court concluded that there was no hope for reconciliation and that the marriage should be dissolved.

Citation
[2017] KEHC 8827 (KLR)
Parties
Petitioner: E B; Respondent: L C
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
19 May 2017
Case Number
Divorce Cause 16 of 2016
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for divorce allowed; marriage dissolved.
Judges
M Thande
Legal Topics
Divorce, Adultery, Irretrievable Breakdown, Christian Marriage, Marriage Dissolution
Source Language
English
Family and Children Divorce Adultery Irretrievable Breakdown Christian Marriage Marriage Dissolution

Case Brief

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Parties

E B

Petitioner

L C

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 adultery by either party constitute sufficient grounds for dissolution of the marriage under the Marriage Act, 2014.

Ratio Decidendi

The court found that both parties had engaged in adulterous relationships and had been separated since 1992, with no resumption of cohabitation. The evidence established that the marriage had irretrievably broken down, satisfying the statutory grounds for dissolution under Section 65 of the Marriage Act, 2014. The court concluded that there was no hope for reconciliation and that the marriage should be dissolved.

Court Disposition

Petition for divorce allowed; marriage dissolved.

Orders

  • A decree of divorce is pronounced dissolving the marriage between the Petitioner and Respondent solemnized on 24.8.91.
  • Decree nisi to issue and to be made absolute within 1 month.