[2014] KEHC 609 (KLR)

[2014] KEHC 609 (KLR)

The court found that the petitioner had adduced uncontroverted evidence of cruelty and desertion by the respondent. The respondent failed to appear or contest the petition. The court was satisfied that the marriage had irretrievably broken down, as the parties had lived apart for over 12 years with no contact or likelihood of reconciliation. The grounds for divorce under Section 66(6)(b) and (e) of the Marriage Act, 2014 were established. The court therefore dissolved the marriage, issued a decree nisi, and directed that a decree absolute be issued within 30 days. Custody of the child was granted to the respondent, with liberty for the petitioner to apply for access and the respondent for...

Citation
[2014] KEHC 609 (KLR)
Parties
Petitioner: I S D; Respondent: S W N
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
17 October 2014
Case Number
Divorce Cause 69 of 2014
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
MW Muigai
Legal Topics
Divorce, Cruelty, Desertion, Child Custody
Source Language
English
Family and Children Divorce Cruelty Desertion Child Custody

Case Brief

Summary, issues, holding and outcome

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Parties

I S D

Petitioner

S W N

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner has proved grounds of cruelty and desertion to warrant dissolution of the marriage.
  2. 2 Whether the marriage between the petitioner and respondent has irretrievably broken down.
  3. 3 Who should have custody of the child of the marriage.

Ratio Decidendi

The court found that the petitioner had adduced uncontroverted evidence of cruelty and desertion by the respondent. The respondent failed to appear or contest the petition. The court was satisfied that the marriage had irretrievably broken down, as the parties had lived apart for over 12 years with no contact or likelihood of reconciliation. The grounds for divorce under Section 66(6)(b) and (e) of the Marriage Act, 2014 were established. The court therefore dissolved the marriage, issued a decree nisi, and directed that a decree absolute be issued within 30 days. Custody of the child was granted to the respondent, with liberty for the petitioner to apply for access and the respondent for...

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • Decree nisi to issue forthwith.