[2015] KEHC 6235 (KLR)

[2015] KEHC 6235 (KLR)

The court found that the respondent, despite being duly served, failed to respond to the petition or attend court. The petitioner's evidence, including particulars of cruelty and desertion, was unchallenged. The court was satisfied that the respondent deserted the matrimonial home, was cruel to the petitioner, and...

Source-derived case information.

Citation
[2015] KEHC 6235 (KLR)
Parties
Petitioner: E C N; Respondent: L C
Court
High Court
Court Station
High Court at Kericho
Jurisdiction
Kenya
Judgment Date
13 March 2015
Case Number
Divorce Cause 6 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; decree nisi for divorce granted
Judges
HI Ong'udi
Legal Topics
Divorce, Cruelty, Desertion, Irretrievable Breakdown of Marriage
Source Language
english
Family and Children Divorce Cruelty Desertion Irretrievable Breakdown of Marriage

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Summary, issues, holding and outcome

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Parties

E C N

Petitioner

L C

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent was guilty of cruelty towards the petitioner.
  2. 2 Whether the respondent deserted the matrimonial home without reasonable cause.
  3. 3 Whether the marriage has irretrievably broken down warranting dissolution.

Ratio Decidendi

The court found that the respondent, despite being duly served, failed to respond to the petition or attend court. The petitioner's evidence, including particulars of cruelty and desertion, was unchallenged. The court was satisfied that the respondent deserted the matrimonial home, was cruel to the petitioner, and that the marriage had irretrievably broken down. Accordingly, the court allowed the petition and granted a decree nisi for divorce, to be confirmed after six months.

Court Disposition

petition allowed; decree nisi for divorce granted

Orders

  • A decree nisi for divorce to issue and to be confirmed after six months.