[2013] KEHC 2912 (KLR)

[2013] KEHC 2912 (KLR)

The court found that the respondent had deserted the matrimonial home since 1996, committed adultery by marrying another man in the United Kingdom, and was guilty of cruelty. The respondent did not contest the petition, and the petitioner’s allegations remained uncontroverted. There was no evidence of collusion or condonation. The court concluded that the marriage had irretrievably broken down and granted a decree nisi for dissolution of the marriage, to be made absolute after thirty days.

Citation
[2013] KEHC 2912 (KLR)
Parties
Petitioner: J.M.M; Respondent: M.N.G
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
20 June 2013
Case Number
Divorce Cause 57 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed. Marriage dissolved.
Judges
DN Musyoka
Legal Topics
Divorce, Irretrievable Breakdown of Marriage, Adultery, Desertion, Cruelty
Source Language
English
Family and Children Divorce Irretrievable Breakdown of Marriage Adultery Desertion Cruelty

Case Brief

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Parties

J.M.M

Petitioner

M.N.G

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent is guilty of adultery, desertion, and cruelty.
  2. 2 Whether the marriage has irretrievably broken down.
  3. 3 Whether there has been collusion or condonation by the petitioner.

Ratio Decidendi

The court found that the respondent had deserted the matrimonial home since 1996, committed adultery by marrying another man in the United Kingdom, and was guilty of cruelty. The respondent did not contest the petition, and the petitioner’s allegations remained uncontroverted. There was no evidence of collusion or condonation. The court concluded that the marriage had irretrievably broken down and granted a decree nisi for dissolution of the marriage, to be made absolute after thirty days.

Court Disposition

Petition allowed. Marriage dissolved.

Orders

  • The marriage celebrated between the petitioner and respondent on 30th December 1981 is dissolved.
  • Decree nisi to issue forthwith and to be made absolute after thirty (30) days.