[2011] KEHC 1485 (KLR)

[2011] KEHC 1485 (KLR)

The court found that both parties accused each other of cruelty and that their marriage had irretrievably broken down, as evidenced by their separation for over a year and a half and mutual unwillingness to reconcile. The court was satisfied that the grounds of cruelty and desertion were established to the required standard of proof on a balance of probabilities. The court also noted that the parties had already reached a mutual agreement regarding the custody and maintenance of their children. Consequently, the court dissolved the marriage and issued a decree nisi, to be made absolute after thirty days, with no order as to costs.

Citation
[2011] KEHC 1485 (KLR)
Parties
Petitioner: L.R.B; Respondent: S.C
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
12 May 2011
Case Number
Divorce Cause 167 of 2009
Procedural Posture
Divorce Cause / Judgment
Outcome
petition and cross-petition for divorce granted; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Custody of Children, Matrimonial Cruelty
Source Language
English
Family and Children Divorce Custody of Children Matrimonial Cruelty

Case Brief

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Parties

L.R.B

Petitioner

S.C

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 cruelty or desertion has been established as grounds for divorce.
  3. 3 How custody and maintenance of the children should be determined.

Ratio Decidendi

The court found that both parties accused each other of cruelty and that their marriage had irretrievably broken down, as evidenced by their separation for over a year and a half and mutual unwillingness to reconcile. The court was satisfied that the grounds of cruelty and desertion were established to the required standard of proof on a balance of probabilities. The court also noted that the parties had already reached a mutual agreement regarding the custody and maintenance of their children. Consequently, the court dissolved the marriage and issued a decree nisi, to be made absolute after thirty days, with no order as to costs.

Court Disposition

petition and cross-petition for divorce granted; marriage dissolved

Orders

  • The marriage celebrated between the petitioner and respondent on 23rd December 2000 is dissolved.
  • Decree nisi dissolving the marriage is issued, to be made absolute thirty days from the date of judgment.