[2004] KEHC 746 (KLR)

[2004] KEHC 746 (KLR)

The court found that the respondent's prolonged absence from the matrimonial home since April 2000, her failure to correspond, and her confession to having a man friend in Germany constituted cruelty, desertion, and adultery. These acts were of such gravity as to warrant the dissolution of the marriage. The court was satisfied that the marriage had irretrievably broken down and that the petitioner was entitled to a decree of dissolution. The court also noted that the children of the marriage were adults and that there were no previous proceedings regarding this marriage. Accordingly, the court granted judgment for the dissolution of the marriage, with no order as to costs, and directed...

Citation
[2004] KEHC 746 (KLR)
Parties
Applicant: MAA; Respondent: EWM
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
22 November 2004
Case Number
Divorce Cause 39 of 2004
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Dissolution of Marriage, Adultery, Desertion, Cruelty, Decree Nisi, Matrimonial Offences
Source Language
English
Family and Children Dissolution of Marriage Adultery Desertion Cruelty Decree Nisi Matrimonial Offences

Case Brief

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Parties

MAA

Applicant

EWM

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent's conduct amounts to cruelty warranting dissolution of marriage.
  2. 2 Whether the respondent is guilty of desertion and adultery.
  3. 3 Whether the petitioner is entitled to dissolution of the marriage.

Ratio Decidendi

The court found that the respondent's prolonged absence from the matrimonial home since April 2000, her failure to correspond, and her confession to having a man friend in Germany constituted cruelty, desertion, and adultery. These acts were of such gravity as to warrant the dissolution of the marriage. The court was satisfied that the marriage had irretrievably broken down and that the petitioner was entitled to a decree of dissolution. The court also noted that the children of the marriage were adults and that there were no previous proceedings regarding this marriage. Accordingly, the court granted judgment for the dissolution of the marriage, with no order as to costs, and directed...

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • Decree Nisi to be made absolute after three months.