[2014] KEHC 2543 (KLR)

[2014] KEHC 2543 (KLR)

The court found that the Petitioner had established, on a balance of probabilities, that the Respondent was guilty of adultery, cruelty, and desertion. The evidence was uncontroverted as the Respondent failed to appear or respond. The court was satisfied that the marriage had irretrievably broken down, with no...

Source-derived case information.

Citation
[2014] KEHC 2543 (KLR)
Parties
Petitioner: J B C; Respondent: R C M
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
26 September 2014
Case Number
Divorce Cause 30 of 2014
Procedural Posture
Divorce Cause / Judgment
Outcome
petition for divorce granted; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Adultery, Cruelty, Desertion
Source Language
english
Family and Children Divorce Adultery Cruelty Desertion

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Parties

J B C

Petitioner

R C M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent committed adultery during the marriage period.
  2. 2 Whether the Respondent was guilty of cruelty towards the Petitioner.
  3. 3 Whether the Respondent deserted the Petitioner and the matrimonial home.

Ratio Decidendi

The court found that the Petitioner had established, on a balance of probabilities, that the Respondent was guilty of adultery, cruelty, and desertion. The evidence was uncontroverted as the Respondent failed to appear or respond. The court was satisfied that the marriage had irretrievably broken down, with no possibility of reconciliation, and that the legal grounds for dissolution had been met. Accordingly, the court granted the petition for divorce and issued a decree nisi dissolving the marriage, to be made absolute after thirty days.

Court Disposition

petition for divorce granted; marriage dissolved

Orders

  • The marriage celebrated at the District Commissioner's Office in Garissa in 1988 between the Petitioner and the Respondent is hereby dissolved.
  • Decree nisi dissolving the said marriage is hereby issued.