[2013] KEHC 2921 (KLR)

[2013] KEHC 2921 (KLR)

The court found that the petitioner had established, on uncontroverted evidence, that the respondent treated him with cruelty as particularised in the petition. The respondent failed to appear or contest the allegations, and there was no evidence of collusion or condonation by the petitioner. The marriage was deemed...

Source-derived case information.

Citation
[2013] KEHC 2921 (KLR)
Parties
Petitioner: P.W.R-K; Respondent: M.K.M
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
27 June 2013
Case Number
Divorce Cause 6 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
DN Musyoka
Legal Topics
Dissolution of Marriage, Cruelty, Undefended Petition
Source Language
english
Family and Children Dissolution of Marriage Cruelty Undefended Petition

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Summary, issues, holding and outcome

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Parties

P.W.R-K

Petitioner

M.K.M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent treated the petitioner with cruelty sufficient to warrant dissolution of the marriage.
  2. 2 Whether there was collusion or condonation by the petitioner in bringing the proceedings.

Ratio Decidendi

The court found that the petitioner had established, on uncontroverted evidence, that the respondent treated him with cruelty as particularised in the petition. The respondent failed to appear or contest the allegations, and there was no evidence of collusion or condonation by the petitioner. The marriage was deemed to have irretrievably broken down, and the legal requirements for dissolution were satisfied. Accordingly, the court granted the orders sought, dissolving the marriage and issuing a decree nisi to be made absolute after thirty days.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated between the petitioner and respondent on 9th December 2006 is hereby dissolved.
  • A decree nisi shall issue forthwith and may be made absolute after thirty (30) days.