[2008] KEHC 2976 (KLR)

[2008] KEHC 2976 (KLR)

The court found that the petitioner had proved, on a balance of probabilities, that the respondent was guilty of cruelty, which is a recognized ground for dissolution of marriage under the Marriage Act. The evidence showed that the respondent deserted the matrimonial home and denied the petitioner her conjugal rights. The court was also satisfied that there was no collusion or unreasonable delay in the proceedings. Consequently, the court granted a decree nisi for divorce, to be made absolute after six months upon application, and ordered that each party bear their own costs.

Citation
[2008] KEHC 2976 (KLR)
Parties
Petitioner: M.B; Respondent: K.K.N
Court
High Court
Court Station
High Court at Malindi
Jurisdiction
Kenya
Judgment Date
28 February 2008
Case Number
Divorce Cause 8 of 2003
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
CA Ombija
Legal Topics
Dissolution of Marriage, Cruelty, Adultery, Irretrievable Breakdown, Matrimonial Proceedings
Source Language
English
Family and Children Dissolution of Marriage Cruelty Adultery Irretrievable Breakdown Matrimonial Proceedings

Case Brief

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Parties

M.B

Petitioner

K.K.N

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner has proved grounds of cruelty sufficient to warrant dissolution of the marriage.
  2. 2 Whether the marriage has irretrievably broken down due to the conduct of either party.
  3. 3 Whether there was collusion or unreasonable delay in presenting or prosecuting the petition.

Ratio Decidendi

The court found that the petitioner had proved, on a balance of probabilities, that the respondent was guilty of cruelty, which is a recognized ground for dissolution of marriage under the Marriage Act. The evidence showed that the respondent deserted the matrimonial home and denied the petitioner her conjugal rights. The court was also satisfied that there was no collusion or unreasonable delay in the proceedings. Consequently, the court granted a decree nisi for divorce, to be made absolute after six months upon application, and ordered that each party bear their own costs.

Court Disposition

petition allowed; marriage dissolved

Orders

  • A decree nisi for divorce is pronounced dissolving the marriage between the petitioner and the respondent.
  • A decree absolute to be granted after six months on application.