[2010] KEHC 1065 (KLR)

[2010] KEHC 1065 (KLR)

The court found that the petitioner had established, on a balance of probabilities, that the respondent had treated him with cruelty and had committed adultery, resulting in the irretrievable breakdown of the marriage. The evidence of physical and verbal abuse, as well as the infection with a sexually transmitted disease, was accepted as proof of the respondent's conduct. The court noted that the respondent did not contest the petition or the evidence presented. Given the absence of children and the lack of any prospect of reconciliation, the court concluded that the marriage had irretrievably broken down and that a decree of divorce should be granted.

Citation
[2010] KEHC 1065 (KLR)
Parties
Petitioner: E. O.O; Respondent: V.M
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
24 September 2010
Case Number
Divorce Cause 114 of 2009
Procedural Posture
Divorce Cause / Judgment
Outcome
petition for divorce allowed; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Irretrievable Breakdown of Marriage, Cruelty, Adultery, Undefended Petition
Source Language
English
Family and Children Divorce Irretrievable Breakdown of Marriage Cruelty Adultery Undefended Petition

Case Brief

Summary, issues, holding and outcome

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Parties

E. O.O

Petitioner

V.M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner has proved cruelty by the respondent to the required standard of proof.
  2. 2 Whether the respondent committed adultery during the subsistence of the marriage.
  3. 3 Whether the marriage between the petitioner and respondent has irretrievably broken down.

Ratio Decidendi

The court found that the petitioner had established, on a balance of probabilities, that the respondent had treated him with cruelty and had committed adultery, resulting in the irretrievable breakdown of the marriage. The evidence of physical and verbal abuse, as well as the infection with a sexually transmitted disease, was accepted as proof of the respondent's conduct. The court noted that the respondent did not contest the petition or the evidence presented. Given the absence of children and the lack of any prospect of reconciliation, the court concluded that the marriage had irretrievably broken down and that a decree of divorce should be granted.

Court Disposition

petition for divorce allowed; marriage dissolved

Orders

  • The marriage solemnized on 28th July 2006 at the District Commissioner’s office, Malindi between the petitioner and the respondent is hereby dissolved.
  • A decree nisi dissolving the said marriage shall issue forthwith and shall be made absolute one month hence.