[2013] KEHC 4005 (KLR)

[2013] KEHC 4005 (KLR)

The court found that the marriage between the Petitioner and the Respondent had irretrievably broken down, as evidenced by the mutual accusations of cruelty, desertion, and infidelity. The parties had been separated for nearly two years, and there was no possibility of reconciliation. The court was satisfied that the matrimonial offence of desertion had been proved to the required standard of proof on a balance of probabilities. Consequently, the court granted the petition for divorce and ordered the dissolution of the marriage solemnized on 6th November 1992.

Citation
[2013] KEHC 4005 (KLR)
Parties
Petitioner: J.W.G; Respondent: E.N.C
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
19 April 2013
Case Number
Divorce Cause 192 of 2011
Procedural Posture
Divorce Cause / Judgment
Outcome
petition for divorce granted; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Matrimonial Offences, Cruelty, Desertion, Adultery
Source Language
English
Family and Children Divorce Matrimonial Offences Cruelty Desertion Adultery

Case Brief

Summary, issues, holding and outcome

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Parties

J.W.G

Petitioner

E.N.C

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the Petitioner and Respondent has irretrievably broken down.
  2. 2 Whether the Respondent was guilty of cruelty, desertion, and adultery as alleged by the Petitioner.
  3. 3 Whether the Petitioner was guilty of cruelty and desertion as alleged in the cross-petition by the Respondent.

Ratio Decidendi

The court found that the marriage between the Petitioner and the Respondent had irretrievably broken down, as evidenced by the mutual accusations of cruelty, desertion, and infidelity. The parties had been separated for nearly two years, and there was no possibility of reconciliation. The court was satisfied that the matrimonial offence of desertion had been proved to the required standard of proof on a balance of probabilities. Consequently, the court granted the petition for divorce and ordered the dissolution of the marriage solemnized on 6th November 1992.

Court Disposition

petition for divorce granted; marriage dissolved

Orders

  • The marriage solemnized on 6th November 1992 between the Petitioner and the Respondent is hereby dissolved.
  • Decree nisi dissolving the said marriage is hereby issued.