[2016] KEHC 2292 (KLR)

[2016] KEHC 2292 (KLR)

The court found that the respondent's conduct, as alleged and uncontroverted, amounted to cruelty towards the petitioner. The evidence showed that the parties had lived apart since April 2012, and there was no evidence of collusion or condonation. The court was satisfied that the marriage had irretrievably broken down and that the petitioner had proved his case on a balance of probabilities. Accordingly, the marriage was dissolved, and a decree nisi was issued, to be made absolute after thirty days. Matters relating to the child of the marriage were left to the Children’s Court.

Citation
[2016] KEHC 2292 (KLR)
Parties
Petitioner: P M D; Respondent: N E M
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
26 October 2016
Case Number
Divorce Cause 113 of 2014
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
DN Musyoka
Legal Topics
Divorce, Cruelty, Irretrievable Breakdown, Child Custody, Marriage Dissolution
Source Language
English
Family and Children Divorce Cruelty Irretrievable Breakdown Child Custody Marriage Dissolution

Case Brief

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Parties

P M D

Petitioner

N E M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent was cruel to the petitioner as alleged.
  2. 2 Whether the marriage between the parties has irretrievably broken down.
  3. 3 Whether there was collusion or condonation in bringing the proceedings.

Ratio Decidendi

The court found that the respondent's conduct, as alleged and uncontroverted, amounted to cruelty towards the petitioner. The evidence showed that the parties had lived apart since April 2012, and there was no evidence of collusion or condonation. The court was satisfied that the marriage had irretrievably broken down and that the petitioner had proved his case on a balance of probabilities. Accordingly, the marriage was dissolved, and a decree nisi was issued, to be made absolute after thirty days. Matters relating to the child of the marriage were left to the Children’s Court.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated between the petitioner and respondent on 25th October 2008 is dissolved.
  • Decree nisi to issue forthwith, to be made absolute after thirty (30) days.