[2015] KEHC 1669 (KLR)

[2015] KEHC 1669 (KLR)

The court found that the Petitioner had established, on a balance of probabilities, that the Respondent deserted the matrimonial home and engaged in an extra-marital affair, constituting adultery. The evidence showed that the parties had lived apart for three years, and all attempts at reconciliation had failed. The...

Source-derived case information.

Citation
[2015] KEHC 1669 (KLR)
Parties
Petitioner: I B; Respondent: C O
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
29 October 2015
Case Number
Divorce Cause 105 of 2014
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed. Marriage dissolved.
Judges
LA Achode
Legal Topics
Divorce, Matrimonial Breakdown, Desertion, Adultery
Source Language
english
Family and Children Divorce Matrimonial Breakdown Desertion Adultery

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Parties

I B

Petitioner

C O

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent deserted the Petitioner, amounting to grounds for divorce.
  2. 2 Whether the Respondent committed adultery during the subsistence of the marriage.
  3. 3 Whether the marriage has irretrievably broken down and should be dissolved.

Ratio Decidendi

The court found that the Petitioner had established, on a balance of probabilities, that the Respondent deserted the matrimonial home and engaged in an extra-marital affair, constituting adultery. The evidence showed that the parties had lived apart for three years, and all attempts at reconciliation had failed. The Respondent did not contest the petition or present any evidence to the contrary. The court concluded that the marriage had irretrievably broken down and could not be salvaged. Accordingly, the court granted the dissolution of the marriage as sought by the Petitioner.

Court Disposition

Petition allowed. Marriage dissolved.

Orders

  • The marriage celebrated between the Petitioner and Respondent at the Registrar’s office in Nairobi on 23rd March 2010 is hereby dissolved.
  • Decree nisi dissolving the said marriage is hereby issued to be made absolute thirty (30) days from the date of this judgment.