[2009] KEHC 3851 (KLR)

[2009] KEHC 3851 (KLR)

The court found that the Petitioner’s evidence of desertion was unchallenged and credible, establishing that the Respondent deserted the Petitioner shortly after the marriage and has lived apart from her for more than three years. The court also accepted the Petitioner’s evidence of cruelty, specifically the abandonment and denial of conjugal rights, as sufficiently proved. The cumulative effect of these findings led the court to conclude that the marriage had irretrievably broken down. In the absence of any response or contrary evidence from the Respondent, the court held that the grounds for dissolution were established and granted a decree nisi for three months, thereby dissolving the...

Citation
[2009] KEHC 3851 (KLR)
Parties
Petitioner: MBMS; Respondent: LS
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
13 May 2009
Case Number
Divorce Cause 6 of 2008
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Divorce, Desertion, Cruelty, Irretrievable Breakdown of Marriage
Source Language
English
Family and Children Divorce Desertion Cruelty Irretrievable Breakdown of Marriage

Case Brief

Summary, issues, holding and outcome

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Parties

MBMS

Petitioner

LS

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent deserted the Petitioner, thereby justifying dissolution of the marriage.
  2. 2 Whether the Respondent treated the Petitioner with cruelty sufficient to warrant divorce.
  3. 3 Whether the marriage has irretrievably broken down.

Ratio Decidendi

The court found that the Petitioner’s evidence of desertion was unchallenged and credible, establishing that the Respondent deserted the Petitioner shortly after the marriage and has lived apart from her for more than three years. The court also accepted the Petitioner’s evidence of cruelty, specifically the abandonment and denial of conjugal rights, as sufficiently proved. The cumulative effect of these findings led the court to conclude that the marriage had irretrievably broken down. In the absence of any response or contrary evidence from the Respondent, the court held that the grounds for dissolution were established and granted a decree nisi for three months, thereby dissolving the...

Court Disposition

petition allowed; marriage dissolved

Orders

  • A decree nisi is granted dissolving the marriage between the Petitioner and Respondent for three months.