[2009] KEHC 3877 (KLR)

[2009] KEHC 3877 (KLR)

The court found that the Respondent's departure from the matrimonial home under false pretenses, her failure to facilitate the Petitioner's migration as promised, and her refusal to maintain marital relations constituted constructive desertion and cruelty. The Petitioner suffered mental anguish and social embarrassment as a result. The court was satisfied that the grounds for divorce were established under the applicable law, and that the marriage had irretrievably broken down. Accordingly, the marriage was ordered dissolved.

Citation
[2009] KEHC 3877 (KLR)
Parties
Petitioner: NHB; Respondent: RNB
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
4 May 2009
Case Number
Divorce Cause 107 of 2006
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
KH Rawal
Legal Topics
Divorce, Constructive Desertion, Cruelty, Marriage Dissolution
Source Language
English
Family and Children Divorce Constructive Desertion Cruelty Marriage Dissolution

Case Brief

Summary, issues, holding and outcome

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Parties

NHB

Petitioner

RNB

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent deserted the matrimonial home without reasonable cause.
  2. 2 Whether the Respondent was cruel to the Petitioner.
  3. 3 Whether the marriage between the parties has irretrievably broken down.

Ratio Decidendi

The court found that the Respondent's departure from the matrimonial home under false pretenses, her failure to facilitate the Petitioner's migration as promised, and her refusal to maintain marital relations constituted constructive desertion and cruelty. The Petitioner suffered mental anguish and social embarrassment as a result. The court was satisfied that the grounds for divorce were established under the applicable law, and that the marriage had irretrievably broken down. Accordingly, the marriage was ordered dissolved.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage solemnized between the parties is dissolved.
  • Decree nisi to be made absolute within 60 days.