[2020] KEHC 8596 (KLR)

[2020] KEHC 8596 (KLR)

The court found that the petitioner had proved, on a balance of probabilities, that the marriage between the parties had irretrievably broken down. The evidence showed that the parties had lived apart for more than three years, and there was no evidence to the contrary or any answer filed by the respondent. The court was satisfied that the statutory grounds for dissolution of marriage had been met and, accordingly, granted the orders sought by the petitioner.

Citation
[2020] KEHC 8596 (KLR)
Parties
Petitioner: KHS; Respondent: SS
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
30 January 2020
Case Number
Divorce Cause 6 of 2019
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
A Ali-Aroni
Legal Topics
Dissolution of Marriage, Irretrievable Breakdown, Undefended Petition
Source Language
English
Family and Children Dissolution of Marriage Irretrievable Breakdown Undefended Petition

Case Brief

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Parties

KHS

Petitioner

SS

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 petitioner is entitled to a decree of divorce.

Ratio Decidendi

The court found that the petitioner had proved, on a balance of probabilities, that the marriage between the parties had irretrievably broken down. The evidence showed that the parties had lived apart for more than three years, and there was no evidence to the contrary or any answer filed by the respondent. The court was satisfied that the statutory grounds for dissolution of marriage had been met and, accordingly, granted the orders sought by the petitioner.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage contracted by KHS and SS on 30th September, 2006 is dissolved.
  • Decree Nisi to be made absolute within 30 days.