[2019] KEHC 772 (KLR)

[2019] KEHC 772 (KLR)

The court found that the petitioner had proved, on a balance of probabilities, the grounds of cruelty, desertion, and denial of conjugal rights. The evidence established that the parties had not cohabited for over five years, there was no communication or emotional support, and the respondent had withheld conjugal...

Source-derived case information.

Citation
[2019] KEHC 772 (KLR)
Parties
Petitioner: MK; Respondent: GNK
Court
High Court
Court Station
High Court at Malindi
Jurisdiction
Kenya
Judgment Date
13 December 2019
Case Number
Divorce Cause 1 of 2017
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed; marriage dissolved.
Judges
DB Nyakundi
Legal Topics
Customary Marriage, Dissolution of Marriage, Cruelty, Desertion, Conjugal Rights, Irretrievable Breakdown
Source Language
english
Family and Children Customary Marriage Dissolution of Marriage Cruelty Desertion Conjugal Rights Irretrievable Breakdown

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Parties

MK

Petitioner

GNK

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner has proved grounds for dissolution of marriage under Mijikenda Customary Law and the Marriage Act.
  2. 2 Whether acts of cruelty, desertion, and denial of conjugal rights have been established on a balance of probabilities.
  3. 3 Whether the marriage has irretrievably broken down.

Ratio Decidendi

The court found that the petitioner had proved, on a balance of probabilities, the grounds of cruelty, desertion, and denial of conjugal rights. The evidence established that the parties had not cohabited for over five years, there was no communication or emotional support, and the respondent had withheld conjugal rights. The respondent's denial of cruelty and willingness to reconcile were not supported by evidence of any positive steps towards reconciliation. The court held that the marriage had irretrievably broken down, and the petitioner was entitled to a decree nisi for dissolution of the marriage under the Marriage Act and Mijikenda Customary Law. Neither party was condemned to pay...

Court Disposition

Petition allowed; marriage dissolved.

Orders

  • A decree nisi for dissolution of marriage is granted.
  • A decree absolute to issue within sixty (60) days from the date of judgment.