[2017] KEHC 7354 (KLR)

[2017] KEHC 7354 (KLR)

The court found that the parties had been separated for four years, all reconciliation efforts had failed, and both parties agreed the marriage could not be salvaged. The respondent's refusal to return to the matrimonial home and the mutual allegations of cruelty and desertion demonstrated that the marriage had...

Source-derived case information.

Citation
[2017] KEHC 7354 (KLR)
Parties
Petitioner: E M N; Respondent: J N M
Court
High Court
Court Station
High Court at Lodwar
Jurisdiction
Kenya
Judgment Date
30 January 2017
Case Number
Adoption Cause 2 of 2016
Procedural Posture
Divorce Cause / Judgment
Outcome
Marriage dissolved; decree nisi issued; custody determination deferred.
Legal Topics
Divorce, Irretrievable Breakdown of Marriage, Custody of Children
Source Language
english
Family and Children Divorce Irretrievable Breakdown of Marriage Custody of Children

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Parties

E M N

Petitioner

J N M

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 the petitioner or respondent is entitled to dissolution of marriage.
  3. 3 Who should have custody of the child P N M.

Ratio Decidendi

The court found that the parties had been separated for four years, all reconciliation efforts had failed, and both parties agreed the marriage could not be salvaged. The respondent's refusal to return to the matrimonial home and the mutual allegations of cruelty and desertion demonstrated that the marriage had irretrievably broken down. The court concluded that prolonging the situation would only increase psychological distress for both parties. Accordingly, the marriage was dissolved. On the issue of child custody, the court deferred its decision pending a children officer's report to ensure the best interests of the child are served.

Court Disposition

Marriage dissolved; decree nisi issued; custody determination deferred.

Orders

  • The marriage between the petitioner and respondent solemnized on 1st December, 2001 at Full Gospel Church Lodwar is dissolved.
  • Decree nisi dissolving the marriage is issued and shall be made absolute thirty (30) days from the date of judgment.