[2006] KEHC 3299 (KLR)

[2006] KEHC 3299 (KLR)

The court found that both parties had sought dissolution of the marriage and accused each other of cruelty. However, the decisive factor was that the parties had not cohabited as husband and wife since 1977, a period exceeding 20 years. The court was satisfied that the marriage had irretrievably broken down and that the petition was not brought through collusion, as there was no ongoing relationship between the parties. Accordingly, the court pronounced a decree of divorce and ordered the dissolution of the marriage solemnized in 1964 and legalized in 1972.

Citation
[2006] KEHC 3299 (KLR)
Parties
Petitioner: P.M.; Respondent: S.N.
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
20 January 2006
Case Number
Divorce Cause 171 of 2003
Procedural Posture
Divorce Cause / Judgment
Outcome
petition and cross-petition allowed; marriage dissolved
Legal Topics
Dissolution of Marriage, Cruelty, Desertion, Irretrievable Breakdown, Customary Marriage, Monogamous Marriage
Source Language
English
Family and Children Dissolution of Marriage Cruelty Desertion Irretrievable Breakdown Customary Marriage Monogamous Marriage

Case Brief

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Parties

P.M.

Petitioner

S.N.

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent should be dissolved on grounds of cruelty and desertion.
  2. 2 Whether the marriage has irretrievably broken down due to prolonged separation.
  3. 3 Whether the petition was brought through collusion.

Ratio Decidendi

The court found that both parties had sought dissolution of the marriage and accused each other of cruelty. However, the decisive factor was that the parties had not cohabited as husband and wife since 1977, a period exceeding 20 years. The court was satisfied that the marriage had irretrievably broken down and that the petition was not brought through collusion, as there was no ongoing relationship between the parties. Accordingly, the court pronounced a decree of divorce and ordered the dissolution of the marriage solemnized in 1964 and legalized in 1972.

Court Disposition

petition and cross-petition allowed; marriage dissolved

Orders

  • Decree nisi to issue for the statutory period of 3 months.
  • Marriage between the parties is dissolved.