[2008] KEHC 626 (KLR)

The court found that the respondent's conduct towards the petitioner and her children, including abusive language, demands to remove the children from the home, and a dangerous incident in which he attempted to crash their car, amounted to cruelty. The parties had been separated since December 2005, and the marriage had irretrievably broken down. The court was satisfied that the legal threshold for cruelty and breakdown of marriage had been met, warranting dissolution of the marriage.

Citation: [2008] KEHC 626 (KLR)
Parties: Petitioner: J.M; Respondent: U.B.S.C.
Court: High Court
Court Station: High Court at Nakuru
Jurisdiction: Kenya
Judgment Date: 17 November 2008
Case Number: Divorce Cause 6 of 2007
Procedural Posture: Divorce Cause / Judgment
Outcome: petition granted; marriage dissolved
Legal Topics: Divorce, Cruelty, Irretrievable Breakdown, Marriage Dissolution
Source Language: English

Family and Children Divorce Cruelty Irretrievable Breakdown Marriage Dissolution

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Parties

J.M

Petitioner

U.B.S.C.

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

1 Whether the respondent treated the petitioner and her children with cruelty.
2 Whether the marriage has irretrievably broken down and should be dissolved.

Ratio Decidendi

Court Disposition

petition granted; marriage dissolved

Orders

The marriage between the petitioner and the respondent is dissolved.
A decree nisi shall issue forthwith to be made absolute after the statutory period of six months.