[2017] KEHC 7697 (KLR)

[2017] KEHC 7697 (KLR)

The court found that both parties have lived separately for over six years and mutually seek dissolution of the marriage. The evidence established that the marriage has irretrievably broken down, with no hope of reconciliation. The grounds of prolonged separation and mutual consent to dissolution were sufficient to grant the divorce. The court noted the absence of animosity and the maturity of both parties, concluding that there was no purpose in maintaining the marriage. Accordingly, the marriage was dissolved, and a decree nisi was issued to be made absolute after two months. Each party was ordered to bear their own costs.

Citation
[2017] KEHC 7697 (KLR)
Parties
Petitioner: J.M.B; Respondent: E.M.M
Court
High Court
Court Station
High Court at Malindi
Jurisdiction
Kenya
Judgment Date
22 February 2017
Case Number
Divorce Cause 9 of 2016
Procedural Posture
Divorce Cause / Judgment
Outcome
Marriage dissolved; decree nisi issued; costs to be borne by each party.
Judges
SJ Chitembwe
Legal Topics
Divorce, Irretrievable Breakdown of Marriage, Custody of Children, Cruelty, Adultery, Desertion
Source Language
English
Family and Children Divorce Irretrievable Breakdown of Marriage Custody of Children Cruelty Adultery Desertion

Case Brief

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Parties

J.M.B

Petitioner

E.M.M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has irretrievably broken down.
  2. 2 Whether grounds of cruelty, adultery, and desertion have been established to warrant dissolution of the marriage.
  3. 3 Whether either party is entitled to costs or other ancillary relief.

Ratio Decidendi

The court found that both parties have lived separately for over six years and mutually seek dissolution of the marriage. The evidence established that the marriage has irretrievably broken down, with no hope of reconciliation. The grounds of prolonged separation and mutual consent to dissolution were sufficient to grant the divorce. The court noted the absence of animosity and the maturity of both parties, concluding that there was no purpose in maintaining the marriage. Accordingly, the marriage was dissolved, and a decree nisi was issued to be made absolute after two months. Each party was ordered to bear their own costs.

Court Disposition

Marriage dissolved; decree nisi issued; costs to be borne by each party.

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • A decree nisi shall issue forthwith and be made absolute after two months.