[2017] KEHC 8806 (KLR)

[2017] KEHC 8806 (KLR)

The court found that the petitioner had proved the ground of cruelty, as the respondent's conduct—being abusive, disrespectful, and forcing the petitioner out of the matrimonial home—caused severe mental, emotional, and psychological anguish. The court was not satisfied that adultery had been proved, as no specific evidence or incidents were provided. The court further held that the marriage had irretrievably broken down, as the parties had been separated since August 2015 and had not resumed cohabitation. Accordingly, the court granted a decree of divorce, dissolving the marriage between the petitioner and the respondent.

Citation
[2017] KEHC 8806 (KLR)
Parties
Petitioner: P O; Respondent: C M
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
3 February 2017
Case Number
Divorce Cause 8 of 2016
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
M Thande
Legal Topics
Divorce, Cruelty, Adultery, Irretrievable Breakdown, Christian Marriage, Matrimonial Disputes
Source Language
English
Family and Children Divorce Cruelty Adultery Irretrievable Breakdown Christian Marriage Matrimonial Disputes

Case Brief

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Parties

P O

Petitioner

C M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner has proved cruelty by the respondent as a ground for dissolution of marriage.
  2. 2 Whether the petitioner has proved adultery by the respondent as a ground for dissolution of marriage.
  3. 3 Whether the marriage has irretrievably broken down.

Ratio Decidendi

The court found that the petitioner had proved the ground of cruelty, as the respondent's conduct—being abusive, disrespectful, and forcing the petitioner out of the matrimonial home—caused severe mental, emotional, and psychological anguish. The court was not satisfied that adultery had been proved, as no specific evidence or incidents were provided. The court further held that the marriage had irretrievably broken down, as the parties had been separated since August 2015 and had not resumed cohabitation. Accordingly, the court granted a decree of divorce, dissolving the marriage between the petitioner and the respondent.

Court Disposition

petition allowed; marriage dissolved

Orders

  • A decree of divorce is pronounced dissolving the marriage between the petitioner and the respondent solemnized on 11.5.13 at [Particulars withheld], Kisumu.
  • Decree nisi to issue and to be made absolute within 1 month.