[2014] KEHC 4211 (KLR)

[2014] KEHC 4211 (KLR)

The court found that the respondent deserted the matrimonial home since 2007 and did not return, and that the petitioner suffered mental torture as a result. The respondent did not contest the petition or provide any evidence to the contrary. The court was satisfied that the marriage had irretrievably broken down, there was no collusion between the parties, and the petitioner had not condoned the cruelty. Accordingly, the court held that the grounds for dissolution of marriage had been established and granted the decree nisi, to be made absolute after thirty days.

Citation
[2014] KEHC 4211 (KLR)
Parties
Petitioner: E. O. C.; Respondent: I. A. A.
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
4 July 2014
Case Number
Cause 139 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
DN Musyoka
Legal Topics
Divorce, Cruelty, Desertion, Irretrievable Breakdown of Marriage
Source Language
English
Family and Children Divorce Cruelty Desertion Irretrievable Breakdown of Marriage

Case Brief

Summary, issues, holding and outcome

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Parties

E. O. C.

Petitioner

I. A. A.

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent's conduct amounted to cruelty and desertion justifying dissolution of marriage.
  2. 2 Whether the marriage has irretrievably broken down under the law.

Ratio Decidendi

The court found that the respondent deserted the matrimonial home since 2007 and did not return, and that the petitioner suffered mental torture as a result. The respondent did not contest the petition or provide any evidence to the contrary. The court was satisfied that the marriage had irretrievably broken down, there was no collusion between the parties, and the petitioner had not condoned the cruelty. Accordingly, the court held that the grounds for dissolution of marriage had been established and granted the decree nisi, to be made absolute after thirty days.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated between the petitioner and respondent on 18th May 2007 is dissolved.
  • Decree nisi to issue forthwith and to be made absolute after thirty (30) days.