[2014] KEHC 8491 (KLR)

[2014] KEHC 8491 (KLR)

The court found that both parties had provided detailed accounts of cruelty by the other, and that the Respondent had deserted the Petitioner and the children for a period of nine years without just cause or consent. The court held that the grounds of cruelty and desertion had been sufficiently demonstrated by the...

Source-derived case information.

Citation
[2014] KEHC 8491 (KLR)
Parties
Petitioner: K.S.C; Respondent: L.S.M.C
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
24 November 2014
Case Number
Divorce Cause 173 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition and Cross Petition upheld; marriage dissolved.
Legal Topics
Divorce, Cruelty, Desertion, Wilful Neglect
Source Language
english
Family and Children Divorce Cruelty Desertion Wilful Neglect

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Summary, issues, holding and outcome

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Parties

K.S.C

Petitioner

L.S.M.C

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the grounds of cruelty and desertion have been established to warrant dissolution of the marriage.
  2. 2 Whether the conduct of either party amounts to cruelty under the law.
  3. 3 Whether the Respondent deserted the Petitioner without just cause.

Ratio Decidendi

The court found that both parties had provided detailed accounts of cruelty by the other, and that the Respondent had deserted the Petitioner and the children for a period of nine years without just cause or consent. The court held that the grounds of cruelty and desertion had been sufficiently demonstrated by the testimony and pleadings. The court declined to address issues of child custody and maintenance, as these were the subject of ongoing proceedings in the Children’s Court. Accordingly, the court upheld both the Petition and Cross Petition and ordered the dissolution of the marriage under Section 66 of the Marriage Act 2013/2014.

Court Disposition

Petition and Cross Petition upheld; marriage dissolved.

Orders

  • The marriage between the Petitioner and Respondent solemnized on 8/7/97 is dissolved.
  • A decree nisi to issue forthwith.