[2013] KEHC 794 (KLR)

[2013] KEHC 794 (KLR)

The court found that the petitioner had established, on a balance of probabilities, the matrimonial ground of cruelty as required by law. The evidence of the respondent's absence, failure to provide, alcoholism, and misuse of family finances was uncontroverted and led to psychological stress for the petitioner. The court was satisfied that the marriage had irretrievably broken down and was incapable of being salvaged. Accordingly, the court granted the petition for divorce and ordered the dissolution of the marriage.

Citation
[2013] KEHC 794 (KLR)
Parties
Petitioner: N S; Respondent: E C W
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
22 November 2013
Case Number
Divorce Cause 66 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Cruelty, Irretrievable Breakdown of Marriage, Matrimonial Relations
Source Language
English
Family and Children Divorce Cruelty Irretrievable Breakdown of Marriage Matrimonial Relations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2
Sign in to unlock

Parties

N S

Petitioner

E C W

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner established the matrimonial ground of cruelty for divorce.
  2. 2 Whether the marriage between the petitioner and respondent had irretrievably broken down.

Ratio Decidendi

The court found that the petitioner had established, on a balance of probabilities, the matrimonial ground of cruelty as required by law. The evidence of the respondent's absence, failure to provide, alcoholism, and misuse of family finances was uncontroverted and led to psychological stress for the petitioner. The court was satisfied that the marriage had irretrievably broken down and was incapable of being salvaged. Accordingly, the court granted the petition for divorce and ordered the dissolution of the marriage.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated on 3rd June 2008 at the Registrar’s Office, Nairobi between the petitioner and the respondent is hereby dissolved.
  • Decree nisi dissolving the said marriage is hereby issued.