[2007] KEHC 3481 (KLR)

[2007] KEHC 3481 (KLR)

The court found that the Petitioner had proved, on a balance of probabilities, that the Respondent had treated him with cruelty and deserted the matrimonial home since May 2004. The evidence was unchallenged as the Respondent did not defend the Petition. The court was satisfied that the marriage had irretrievably...

Source-derived case information.

Citation
[2007] KEHC 3481 (KLR)
Parties
Applicant: JKR; Respondent: SNM
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
27 November 2007
Case Number
Divorce Cause 11 of 2007
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Divorce, Matrimonial Cruelty, Desertion, Irretrievable Breakdown, Marriage Dissolution
Source Language
english
Family and Children Divorce Matrimonial Cruelty Desertion Irretrievable Breakdown Marriage Dissolution

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Summary, issues, holding and outcome

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Parties

JKR

Applicant

SNM

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 between the parties has irretrievably broken down due to separation and desertion.

Ratio Decidendi

The court found that the Petitioner had proved, on a balance of probabilities, that the Respondent had treated him with cruelty and deserted the matrimonial home since May 2004. The evidence was unchallenged as the Respondent did not defend the Petition. The court was satisfied that the marriage had irretrievably broken down and that the grounds for dissolution under the Marriage Act were met. Accordingly, the marriage was ordered dissolved.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the Petitioner and the Respondent is hereby dissolved.
  • There shall be no orders as to costs.