[2008] KEHC 627 (KLR)

[2008] KEHC 627 (KLR)

The court found that the Petitioner’s evidence of cruelty and desertion by the Respondent was uncontroverted. The parties had lived apart since 2002, and the Respondent showed no interest in reconciliation upon her brief return in 2007. The payment of Kshs.2,000,000 for the upkeep and education of the second daughter further indicated a final separation. The court held that the marriage had irretrievably broken down and that the Petitioner had established grounds for divorce under the applicable law. Accordingly, the marriage was dissolved and a decree nisi was issued to be made absolute after six months.

Citation
[2008] KEHC 627 (KLR)
Parties
Petitioner: J.D.S.S; Respondent: K.R.M.S
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
6 November 2008
Case Number
Divorce Cause 17 of 2007
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for divorce allowed; marriage dissolved.
Legal Topics
Divorce, Cruelty, Irretrievable Breakdown, Hindu Marriage, Matrimonial Relief
Source Language
English
Family and Children Divorce Cruelty Irretrievable Breakdown Hindu Marriage Matrimonial Relief

Case Brief

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Parties

J.D.S.S

Petitioner

K.R.M.S

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent treated the Petitioner with cruelty sufficient to warrant dissolution of marriage.
  2. 2 Whether the marriage has irretrievably broken down.

Ratio Decidendi

The court found that the Petitioner’s evidence of cruelty and desertion by the Respondent was uncontroverted. The parties had lived apart since 2002, and the Respondent showed no interest in reconciliation upon her brief return in 2007. The payment of Kshs.2,000,000 for the upkeep and education of the second daughter further indicated a final separation. The court held that the marriage had irretrievably broken down and that the Petitioner had established grounds for divorce under the applicable law. Accordingly, the marriage was dissolved and a decree nisi was issued to be made absolute after six months.

Court Disposition

Petition for divorce allowed; marriage dissolved.

Orders

  • The marriage between the Petitioner and the Respondent is hereby dissolved.
  • A decree nisi shall issue to be made absolute after the statutory period of six months.