[2015] KEHC 7966 (KLR)

[2015] KEHC 7966 (KLR)

The court found that the petitioner had proved the grounds of cruelty and adultery through uncontroverted testimony and documentary evidence, including text and skype messages and medical reports. The ground of desertion was not established as the statutory period of three years had not elapsed. The court held that the marriage had irretrievably broken down and, applying Section 66(2) of the Marriage Act, 2014, granted a decree of divorce. The marriage was ordered dissolved, with a decree nisi to issue and become absolute within three months. Costs were awarded to the petitioner.

Citation
[2015] KEHC 7966 (KLR)
Parties
Applicant: J A M; Respondent: M E
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
11 November 2015
Case Number
Divorce Cause 14 of 2015
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for divorce allowed. Marriage dissolved.
Judges
M Thande
Legal Topics
Divorce, Grounds for Divorce, Adultery, Cruelty, Desertion
Source Language
English
Family and Children Divorce Grounds for Divorce Adultery Cruelty Desertion

Case Brief

Summary, issues, holding and outcome

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Parties

J A M

Applicant

M E

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner has proved grounds for dissolution of marriage under the Marriage Act, 2014.
  2. 2 Whether cruelty, adultery, or desertion have been established as grounds for divorce.
  3. 3 Whether the marriage has irretrievably broken down.

Ratio Decidendi

The court found that the petitioner had proved the grounds of cruelty and adultery through uncontroverted testimony and documentary evidence, including text and skype messages and medical reports. The ground of desertion was not established as the statutory period of three years had not elapsed. The court held that the marriage had irretrievably broken down and, applying Section 66(2) of the Marriage Act, 2014, granted a decree of divorce. The marriage was ordered dissolved, with a decree nisi to issue and become absolute within three months. Costs were awarded to the petitioner.

Court Disposition

Petition for divorce allowed. Marriage dissolved.

Orders

  • A decree of divorce is granted dissolving the marriage solemnised at the Registrar of Marriages Office in Kisumu on 29.11.11.
  • Decree nisi to issue and to be made absolute within 3 months.