[2015] KEHC 6701 (KLR)

[2015] KEHC 6701 (KLR)

The court found that the petitioner had established, through uncontroverted evidence, that the respondent treated her with cruelty and that the marriage had irretrievably broken down. Although the petition was filed before the statutory three-year period had elapsed, the lapse of time since filing and the absence of any opposition from the respondent allowed the court to proceed. The court held that there was no likelihood of reconciliation, as the parties had been separated since shortly after the marriage. The petitioner's evidence of cruelty and breakdown of the marriage was accepted as sufficient grounds for dissolution under the law.

Citation
[2015] KEHC 6701 (KLR)
Parties
Applicant: L.C.; Respondent: M.M.
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
5 February 2015
Case Number
Divorce Cause 135 of 2010
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed; marriage dissolved.
Judges
MW Muigai
Legal Topics
Divorce Proceedings, Matrimonial Causes, Cruelty, Irretrievable Breakdown, Marriage Dissolution
Source Language
English
Family and Children Divorce Proceedings Matrimonial Causes Cruelty Irretrievable Breakdown Marriage Dissolution

Case Brief

Summary, issues, holding and outcome

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Parties

L.C.

Applicant

M.M.

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner has established grounds for divorce under the applicable law.
  2. 2 Whether the marriage has irretrievably broken down due to cruelty by the respondent.
  3. 3 Whether the petition is competent despite being filed before the statutory three-year period.

Ratio Decidendi

The court found that the petitioner had established, through uncontroverted evidence, that the respondent treated her with cruelty and that the marriage had irretrievably broken down. Although the petition was filed before the statutory three-year period had elapsed, the lapse of time since filing and the absence of any opposition from the respondent allowed the court to proceed. The court held that there was no likelihood of reconciliation, as the parties had been separated since shortly after the marriage. The petitioner's evidence of cruelty and breakdown of the marriage was accepted as sufficient grounds for dissolution under the law.

Court Disposition

Petition allowed; marriage dissolved.

Orders

  • The marriage solemnized between the petitioner and respondent on 30th October, 2009 is hereby dissolved.
  • A decree nisi to issue forthwith.