[2006] KEHC 2287 (KLR)

[2006] KEHC 2287 (KLR)

The court found that although the petitioner did not sufficiently prove cruelty or adultery to the required standard of beyond reasonable doubt, the evidence demonstrated that the marriage had irretrievably broken down. The parties were unable to communicate or live together, and the marriage existed only in name....

Source-derived case information.

Citation
[2006] KEHC 2287 (KLR)
Parties
Petitioner: N.M.G.C; Respondent: A.M.A
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
26 May 2006
Case Number
Divorce Cause 44 of 2005
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Divorce, Dissolution of Marriage, Cruelty, Adultery, Irretrievable Breakdown, Marriage Act
Source Language
english
Family and Children Divorce Dissolution of Marriage Cruelty Adultery Irretrievable Breakdown Marriage Act

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Summary, issues, holding and outcome

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Parties

N.M.G.C

Petitioner

A.M.A

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner has proved cruelty and adultery by the respondent to the required standard.
  2. 2 Whether the marriage between the parties has irretrievably broken down and should be dissolved.

Ratio Decidendi

The court found that although the petitioner did not sufficiently prove cruelty or adultery to the required standard of beyond reasonable doubt, the evidence demonstrated that the marriage had irretrievably broken down. The parties were unable to communicate or live together, and the marriage existed only in name. The court concluded that justice would be served by dissolving the marriage, issuing a decree nisi to be made absolute within three months, and ordering each party to bear their own costs.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between N.M.G.C and A.M.A entered on 14th September 1998 is dissolved.
  • A decree nisi be issued and made absolute within 3 months from the date hereof.