[2017] KEHC 8434 (KLR)

[2017] KEHC 8434 (KLR)

The court found that the petitioner’s testimony, which was uncontroverted due to the respondent’s non-appearance, established that the respondent was cruel and had deserted the petitioner. The parties had lived apart since 2009, evidencing a total breakdown of the marital relationship. The court was satisfied that...

Source-derived case information.

Citation
[2017] KEHC 8434 (KLR)
Parties
Applicant: K K I; Respondent: J M A
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
3 February 2017
Case Number
Divorce Cause 204 of 2014
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
DN Musyoka
Legal Topics
Divorce, Cruelty, Desertion, Matrimonial Breakdown
Source Language
english
Family and Children Divorce Cruelty Desertion Matrimonial Breakdown

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Parties

K K I

Applicant

J M A

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner has established grounds for dissolution of marriage on the basis of cruelty and desertion.
  2. 2 Whether the marriage between the petitioner and respondent has irretrievably broken down.

Ratio Decidendi

The court found that the petitioner’s testimony, which was uncontroverted due to the respondent’s non-appearance, established that the respondent was cruel and had deserted the petitioner. The parties had lived apart since 2009, evidencing a total breakdown of the marital relationship. The court was satisfied that the grounds for dissolution of marriage had been met and that the marriage had irretrievably broken down. Accordingly, the petition for divorce was allowed.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the petitioner and respondent celebrated on 29th November 2008 is hereby dissolved.
  • Decree nisi shall issue forthwith, to be made absolute after thirty (30) days.