[2017] KEHC 6691 (KLR)

[2017] KEHC 6691 (KLR)

The court found that the petitioner’s evidence of cruelty was uncontroverted by the respondent. The marriage had irretrievably broken down, as evidenced by the parties' separation for over fifteen years. The petitioner proved her case on a balance of probabilities, entitling her to a divorce. The court also noted that issues of custody and maintenance of the child must be addressed in the Children’s Court, as it has the requisite jurisdiction under the Children Act.

Citation
[2017] KEHC 6691 (KLR)
Parties
Applicant: J C; Respondent: J K
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
13 March 2017
Case Number
Divorce Cause 84 of 2014
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for divorce allowed; marriage dissolved; decree nisi to issue; each party to bear own costs.
Judges
MW Muigai
Legal Topics
Divorce, Matrimonial Offences, Custody of Children, Irretrievable Breakdown, Cruelty, Separation
Source Language
English
Family and Children Divorce Matrimonial Offences Custody of Children Irretrievable Breakdown Cruelty Separation

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Parties

J C

Applicant

J K

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner proved cruelty by the respondent as a ground for divorce.
  2. 2 Whether the marriage has irretrievably broken down.
  3. 3 Whether the petitioner is entitled to custody of the child of the marriage.

Ratio Decidendi

The court found that the petitioner’s evidence of cruelty was uncontroverted by the respondent. The marriage had irretrievably broken down, as evidenced by the parties' separation for over fifteen years. The petitioner proved her case on a balance of probabilities, entitling her to a divorce. The court also noted that issues of custody and maintenance of the child must be addressed in the Children’s Court, as it has the requisite jurisdiction under the Children Act.

Court Disposition

Petition for divorce allowed; marriage dissolved; decree nisi to issue; each party to bear own costs.

Orders

  • The marriage solemnized between the petitioner and the respondent on 10th July 1998 is dissolved.
  • Decree nisi to issue and in thirty (30) days decree absolute to issue.