[2014] KEHC 1469 (KLR)

[2014] KEHC 1469 (KLR)

The court found that both parties agreed the marriage had irretrievably broken down, with evidence of cruelty, desertion, willful neglect, and separation for more than two years. Both parties had not been in contact for a long period and did not wish to reconcile. The court determined that forcing the parties to...

Source-derived case information.

Citation
[2014] KEHC 1469 (KLR)
Parties
Applicant: K. M. M; Respondent: A. M
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
28 October 2014
Case Number
Divorce Cause 55 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
petition_allowed
Judges
MW Muigai
Legal Topics
Divorce, Cruelty, Desertion, Child Custody, Maintenance, Irretrievable Breakdown
Source Language
english
Family and Children Divorce Cruelty Desertion Child Custody Maintenance Irretrievable Breakdown

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Summary, issues, holding and outcome

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Parties

K. M. M

Applicant

A. M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the Petitioner and Respondent should be dissolved on grounds of cruelty and desertion.
  2. 2 Whether the marriage has irretrievably broken down as per Section 66 of the Marriage Act, 2014.
  3. 3 Whether there was collusion or connivance between the parties in seeking divorce.

Ratio Decidendi

The court found that both parties agreed the marriage had irretrievably broken down, with evidence of cruelty, desertion, willful neglect, and separation for more than two years. Both parties had not been in contact for a long period and did not wish to reconcile. The court determined that forcing the parties to remain married would perpetuate emotional and physical cruelty. There was no evidence of collusion or connivance in seeking the divorce. The statutory grounds under Section 66 of the Marriage Act, 2014, were satisfied, and the marriage was dissolved. The parties' consent on child custody and maintenance was adopted as an order of the court. Each party was ordered to bear its own...

Court Disposition

petition_allowed

Orders

  • The marriage solemnized between the Petitioner and Respondent on 4/7/2008 is hereby dissolved.
  • The consent by the Petitioner and Respondent on the care, custody, and upkeep of the child is adopted as an order of the court.