[2013] KEHC 3397 (KLR)

[2013] KEHC 3397 (KLR)

The court found that the petitioner’s unchallenged evidence established that the respondent was guilty of cruelty, desertion, and adultery. The respondent’s failure to provide for the petitioner and children, commission of adultery, denial of conjugal rights, violence, and abusive conduct constituted sufficient grounds for dissolution of the marriage. The marriage had irretrievably broken down with no hope of revival. The court was satisfied that the petitioner had proved her case on a balance of probabilities and granted the orders sought, dissolving the marriage and issuing a decree nisi, with liberty to apply for further orders regarding the minor child.

Citation
[2013] KEHC 3397 (KLR)
Parties
Applicant: P.K.A; Respondent: D.N.A
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
23 May 2013
Case Number
Divorce Cause 3 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed. Marriage dissolved.
Judges
AN Makau
Legal Topics
Divorce, Cruelty, Adultery, Desertion
Source Language
English
Family and Children Divorce Cruelty Adultery Desertion

Case Brief

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Parties

P.K.A

Applicant

D.N.A

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent was guilty of cruelty towards the petitioner.
  2. 2 Whether the respondent deserted the petitioner.
  3. 3 Whether the respondent committed adultery.

Ratio Decidendi

The court found that the petitioner’s unchallenged evidence established that the respondent was guilty of cruelty, desertion, and adultery. The respondent’s failure to provide for the petitioner and children, commission of adultery, denial of conjugal rights, violence, and abusive conduct constituted sufficient grounds for dissolution of the marriage. The marriage had irretrievably broken down with no hope of revival. The court was satisfied that the petitioner had proved her case on a balance of probabilities and granted the orders sought, dissolving the marriage and issuing a decree nisi, with liberty to apply for further orders regarding the minor child.

Court Disposition

Petition allowed. Marriage dissolved.

Orders

  • The marriage between the petitioner and the respondent is dissolved.
  • A decree nisi shall issue forthwith.