[2015] KEHC 2324 (KLR)
The court found that the marriage between the petitioner and respondent had irretrievably broken down, as evidenced by mutual accusations of cruelty, abuse, and desertion, and the fact that both parties were living separately and had moved on with their lives. The court determined that reconciliation was not...
Source-derived case information.
- Citation
- [2015] KEHC 2324 (KLR)
- Parties
- Petitioner: K K D; Respondent: F M N
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 10 of 2009
- Procedural Posture
- Divorce Petition / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- SJ Chitembwe
- Legal Topics
- Divorce, Irretrievable Breakdown of Marriage, Cruelty, Desertion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
K K D
Petitioner
F M N
Respondent
Procedural Posture
Divorce Petition / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
- 2 Whether either party has treated the other with cruelty or deserted the matrimonial home.
Ratio Decidendi
The court found that the marriage between the petitioner and respondent had irretrievably broken down, as evidenced by mutual accusations of cruelty, abuse, and desertion, and the fact that both parties were living separately and had moved on with their lives. The court determined that reconciliation was not possible and that the marriage could not be sustained. Accordingly, the court ordered the dissolution of the marriage as prayed by the petitioner.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage between the petitioner and respondent is dissolved.
- A decree nisi shall issue.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT MALINDI
DIVORCE NO.10 OF 2009
K K D ....................PETITIONER
VRS
F M N .................RESPONDENT
JUDGMENT
The petitioner is seeking to have his marriage with the respondent dissolved. The petitioner relied on his petitioner relied on his petition and statement filed in court. The respondent filed a reply to the petition as well as a cross petition. The respondent did not tender any evidence.
The petitioner's evidence is that they got married on 20th September 2006. He lives in Switzerland. He started having problems with his wife as she removed the wedding ring seven hours after the marriage. The respondent used to abuse him and would not accord him his conjugal rights until when she is in the mood. His further evidence is that he discovered that the respondent was having an affair with a taxi driver. At one time, the taxi driver assaulted the respondent who obtained a P3 form. When the petitioner wanted to take action on the taxi driver, the respondent stopped him.
In her cross-petition, the respondent maintains that it is the petitioner who has treated her with cruelty. He has been abusive to her and made her undergo abortion operations four times: The petitioner has deserted the matrimonial home and has never provided care and love to her.
Given the pleadings and the evidence on record, it is clear that the marriage between the parties has irretrievably broken down. There is no hope of reconciliation. The parties seem to be living separately and each is moving on with his/her life. No amount of persuasion can convince the parties to reconcile: Each party is accusing the other one of cruelty and abusive language.
I do find that the marriage between the parties cannot be sustained. The marriage is hereby dissolved as prayed. A decree nisi shall issue.
Dated, signed and delivered at Malindi this 20th day of May, 2015.
SAID J. CHITEMBWE
JUDGE