[2019] KEHC 11913 (KLR)

[2019] KEHC 11913 (KLR)

The court found that the petitioner had proved, on a balance of probabilities, that the marriage had irretrievably broken down as the parties had been living separately since December 2016. The respondent did not contest the petition or provide any evidence to the contrary. The court accepted the petitioner's evidence and held that the legal threshold for dissolution of marriage had been met. Accordingly, the marriage was ordered dissolved, and the agreements regarding custody, access, care, education, and maintenance of the children were incorporated into the judgment.

Citation
[2019] KEHC 11913 (KLR)
Parties
Petitioner: MS; Respondent: BEG
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
7 November 2019
Case Number
Divorce Cause 4 of 2019
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for dissolution of marriage allowed.
Judges
AO Muchelule
Legal Topics
Dissolution of Marriage, Irretrievable Breakdown, Custody and Access, Child Maintenance
Source Language
English
Family and Children Dissolution of Marriage Irretrievable Breakdown Custody and Access Child Maintenance

Case Brief

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Parties

MS

Petitioner

BEG

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
  2. 2 Whether the petitioner is entitled to a decree of divorce.

Ratio Decidendi

The court found that the petitioner had proved, on a balance of probabilities, that the marriage had irretrievably broken down as the parties had been living separately since December 2016. The respondent did not contest the petition or provide any evidence to the contrary. The court accepted the petitioner's evidence and held that the legal threshold for dissolution of marriage had been met. Accordingly, the marriage was ordered dissolved, and the agreements regarding custody, access, care, education, and maintenance of the children were incorporated into the judgment.

Court Disposition

Petition for dissolution of marriage allowed.

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • Decree nisi to issue immediately and become absolute after 30 days.