[2013] KEHC 2772 (KLR)

[2013] KEHC 2772 (KLR)

The court found that the petitioner had established sufficient grounds for dissolution of the marriage, specifically cruelty and desertion, as the respondent failed to provide for the petitioner, engaged in adultery, and chased her from the matrimonial home. The respondent's failure to appear or defend the petition...

Source-derived case information.

Citation
[2013] KEHC 2772 (KLR)
Parties
Applicant: L N; Respondent: W C
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
5 August 2013
Case Number
Matrimonial Case Cause18 of 2013
Procedural Posture
Matrimonial Cause / Judgment
Outcome
Petition allowed. Decree nisi to issue, to be made absolute within four months. No order as to costs.
Judges
JV Juma
Legal Topics
Divorce, Matrimonial Offences, Cruelty, Desertion
Source Language
english
Family and Children Divorce Matrimonial Offences Cruelty Desertion

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Summary, issues, holding and outcome

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Parties

L N

Applicant

W C

Respondent

Procedural Posture

Matrimonial Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner has established grounds for dissolution of marriage under Kenyan law.
  2. 2 Whether cruelty, desertion, and adultery have been proved as matrimonial offences justifying divorce.

Ratio Decidendi

The court found that the petitioner had established sufficient grounds for dissolution of the marriage, specifically cruelty and desertion, as the respondent failed to provide for the petitioner, engaged in adultery, and chased her from the matrimonial home. The respondent's failure to appear or defend the petition left the petitioner's evidence uncontroverted. The court held that these acts amounted to matrimonial offences under section 8 of the Matrimonial Causes Act, warranting the grant of a decree nisi for dissolution of the marriage.

Court Disposition

Petition allowed. Decree nisi to issue, to be made absolute within four months. No order as to costs.

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • Decree nisi to issue, to be made absolute within four months from the date of judgment.