[2012] KEHC 2642 (KLR)

[2012] KEHC 2642 (KLR)

The court found that the petitioner had satisfactorily demonstrated the ground of desertion, as her evidence was uncontroverted and the respondent failed to offer evidence at trial. The court held that the marriage had irretrievably broken down and could not be saved. Consequently, the court ordered the dissolution of the marriage, issuing a decree nisi to be made absolute after one month.

Citation
[2012] KEHC 2642 (KLR)
Parties
Petitioner: E.J.K; Respondent: M.K.A.C
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
30 July 2012
Case Number
Divorce Cause 7 of 2011
Procedural Posture
Divorce Petition / Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Divorce, Desertion, Cruelty, Irretrievable Breakdown, Marriage Dissolution
Source Language
English
Family and Children Divorce Desertion Cruelty Irretrievable Breakdown Marriage Dissolution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

E.J.K

Petitioner

M.K.A.C

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner, thereby justifying dissolution of marriage.
  2. 2 Whether the respondent was cruel to the petitioner, constituting grounds for divorce.
  3. 3 Whether the marriage has irretrievably broken down.

Ratio Decidendi

The court found that the petitioner had satisfactorily demonstrated the ground of desertion, as her evidence was uncontroverted and the respondent failed to offer evidence at trial. The court held that the marriage had irretrievably broken down and could not be saved. Consequently, the court ordered the dissolution of the marriage, issuing a decree nisi to be made absolute after one month.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the petitioner and the respondent is dissolved.
  • Decree nisi shall issue forthwith and be made absolute after one month.