[2021] KEHC 12924 (KLR)
The court found that both the petitioner and respondent had lived separately since 2013, had no sexual relationship, and both agreed that they could no longer live together as a married couple. The court accepted their evidence and concluded that the marriage had broken down beyond repair. On this basis, the court...
Source-derived case information.
- Citation
- [2021] KEHC 12924 (KLR)
- Parties
- Petitioner: HDN; Respondent: KWW
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 260 of 2013
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition and cross-petition for divorce granted; marriage dissolved.
- Judges
- AO Muchelule
- Legal Topics
- Divorce, Dissolution of Marriage, Adultery, Cruelty, Desertion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
HDN
Petitioner
KWW
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
- 2 Whether grounds of adultery, cruelty, neglect, and desertion are established for dissolution of marriage.
- 3 Whether both parties are entitled to dissolution of marriage based on their cross-petitions.
Ratio Decidendi
The court found that both the petitioner and respondent had lived separately since 2013, had no sexual relationship, and both agreed that they could no longer live together as a married couple. The court accepted their evidence and concluded that the marriage had broken down beyond repair. On this basis, the court granted both the petition and cross-petition for divorce, dissolving the marriage and ordering that a decree nisi and absolute issue immediately. Each party was ordered to bear their own costs.
Court Disposition
Petition and cross-petition for divorce granted; marriage dissolved.
Orders
- The marriage between the petitioner and respondent is dissolved.
- Decree nisi and absolute to issue immediately.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CAUSE NO. 260 OF 2013
HDN.......................................................................................PETITIONER
VERSUS
KWW...................................................................................RESPONDENT
JUDGMENT
1. The petitioner HDN. and the respondent KWW got married on 2nd September 2009 at the Attorney General’s Office in Nairobi. They lived together and cohabited in Nairobi until 23rd March 2013 when they separated. They have one child who was born on 9th December 2008.
2. On 9th December 2013 the petitioner filed this petition seeking the dissolution of the marriage on grounds of adultery, cruelty, neglect and desertion. She pleaded that, because of these the marriage had irretrievable broken down.
3. The respondent filed answer to the petition, and cross-petitioned for divorce alleging adultery, lack of conjugal rights and cruelty. The fact that the parties had differences that could not be reconciled was admitted.
4. Both the petitioner and the respondent testified before the Court today. Each informed the court that they have since 2013 lived apart, have not had any sexual relationship since and can no longer live together as a married couple.
5. I accept their evidence. The couple has lived separately since 2013. The parties have no sexual relationship. On the basis that the marriage has broken down beyond repair, I grant the petition and the cross-petition. I hereby dissolve the marriage between the petitioner and the respondent. Decreenisi and absolute shall issue immediately.
6. Each party shall bear their own costs on the petition and cross-petition.
DATED AND DELIVERED ELECTRONICALLY AT NAIROBI THIS 27TH MAY 2021.
A.O. MUCHELULE
JUDGE