[2019] KEHC 8085 (KLR)

[2019] KEHC 8085 (KLR)

The court found that the petitioner’s evidence of cruelty, desertion, and adultery was uncontroverted, as the respondent failed to appear or defend the petition. The material before the court demonstrated that the marital relationship had completely broken down, with the parties living separately for a significant period. The court concluded that the marriage had irretrievably broken down and could not be salvaged, thus warranting dissolution.

Citation
[2019] KEHC 8085 (KLR)
Parties
Applicant: GN; Respondent: BS
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Judgment Date
29 April 2019
Case Number
Divorce Cause 6 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
DN Musyoka
Legal Topics
Dissolution of Marriage, Cruelty, Adultery, Desertion
Source Language
English
Family and Children Dissolution of Marriage Cruelty Adultery Desertion

Case Brief

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Parties

GN

Applicant

BS

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent was guilty of cruelty, desertion, and adultery as alleged by the petitioner.
  2. 2 Whether the marriage between the petitioner and respondent has irretrievably broken down and should be dissolved.

Ratio Decidendi

The court found that the petitioner’s evidence of cruelty, desertion, and adultery was uncontroverted, as the respondent failed to appear or defend the petition. The material before the court demonstrated that the marital relationship had completely broken down, with the parties living separately for a significant period. The court concluded that the marriage had irretrievably broken down and could not be salvaged, thus warranting dissolution.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the petitioner and the respondent, celebrated on 1st March, 1999, is hereby dissolved.
  • Decree nisi shall issue forthwith, to be made absolute after thirty (30) days.