[2017] KEHC 9472 (KLR)

[2017] KEHC 9472 (KLR)

The court found that the marriage had irretrievably broken down as evidenced by the parties' separation since 2012 and lack of sexual interaction for over five years. The grounds of cruelty and adultery were pleaded by the petitioner and not denied by the respondent, who failed to file an answer. On these bases, the court determined that the legal threshold for dissolution of marriage had been met and granted the decree nisi, to become absolute after 30 days.

Citation
[2017] KEHC 9472 (KLR)
Parties
Petitioner: E R; Respondent: E L P
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
10 October 2017
Case Number
Divorce Cause 176 of 2014
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for dissolution of marriage allowed. Decree nisi granted to become absolute after 30 days.
Judges
AO Muchelule
Legal Topics
Divorce, Irretrievable Breakdown of Marriage, Cruelty, Adultery, Separation, Decree Nisi
Source Language
English
Family and Children Divorce Irretrievable Breakdown of Marriage Cruelty Adultery Separation Decree Nisi

Case Brief

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Parties

E R

Petitioner

E L P

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 grounds of cruelty and adultery have been established to warrant dissolution of the marriage.
  3. 3 Whether the petitioner is entitled to a decree of divorce.

Ratio Decidendi

The court found that the marriage had irretrievably broken down as evidenced by the parties' separation since 2012 and lack of sexual interaction for over five years. The grounds of cruelty and adultery were pleaded by the petitioner and not denied by the respondent, who failed to file an answer. On these bases, the court determined that the legal threshold for dissolution of marriage had been met and granted the decree nisi, to become absolute after 30 days.

Court Disposition

Petition for dissolution of marriage allowed. Decree nisi granted to become absolute after 30 days.

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • Decree nisi shall issue and become absolute after 30 days.