[2013] KEHC 3886 (KLR)

[2013] KEHC 3886 (KLR)

The court found that the petitioner had established the ground of cruelty to the required standard of proof on a balance of probability, as her testimony regarding physical abuse was uncontroverted. Additionally, the court held that the petitioner had established the ground of desertion, having been separated from the respondent for eighteen years. The court concluded that the marriage had irretrievably broken down, and reconciliation was not feasible. Accordingly, the court granted the petition for divorce and ordered the dissolution of the marriage.

Citation
[2013] KEHC 3886 (KLR)
Parties
Applicant: M. M. M; Respondent: D. M. N
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
19 April 2013
Case Number
Divorce Cause 39 of 2006
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Cruelty, Desertion, Irretrievable Breakdown, Matrimonial Offences
Source Language
English
Family and Children Divorce Cruelty Desertion Irretrievable Breakdown Matrimonial Offences

Case Brief

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Parties

M. M. M

Applicant

D. M. N

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner established cruelty as a ground for divorce.
  2. 2 Whether the petitioner established desertion as a ground for divorce.
  3. 3 Whether the marriage had irretrievably broken down.

Ratio Decidendi

The court found that the petitioner had established the ground of cruelty to the required standard of proof on a balance of probability, as her testimony regarding physical abuse was uncontroverted. Additionally, the court held that the petitioner had established the ground of desertion, having been separated from the respondent for eighteen years. The court concluded that the marriage had irretrievably broken down, and reconciliation was not feasible. Accordingly, the court granted the petition for divorce and ordered the dissolution of the marriage.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated between the petitioner and the respondent on 9th June 1990 at Buru Buru Community Centre, Nairobi is dissolved.
  • Decree nisi dissolving the said marriage is issued.