[2017] KEHC 4602 (KLR)

[2017] KEHC 4602 (KLR)

The court found that the petitioner failed to prove cruelty as a ground for dissolution, as the allegations of sexual harassment were not pleaded in the petition and were denied by the respondent. However, the court noted that the parties had been separated for several years, with no resumption of cohabitation, and that the petitioner had no interest in continuing the marriage. The respondent's efforts to reconcile were unsuccessful. The court held that the marriage had irretrievably broken down, which is a statutory ground for dissolution under Section 66(2) of the Marriage Act. The court emphasized that marriage is a voluntary union and cannot be sustained by compulsion where one party...

Citation
[2017] KEHC 4602 (KLR)
Parties
Applicant: R O K; Respondent: M J B
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
14 July 2017
Case Number
Divorce Cause 25 of 2016
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
M Thande
Legal Topics
Dissolution of Marriage, Irretrievable Breakdown, Desertion, Cruelty, Civil Marriage, Grounds for Divorce
Source Language
English
Family and Children Dissolution of Marriage Irretrievable Breakdown Desertion Cruelty Civil Marriage Grounds for Divorce

Case Brief

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Parties

R O K

Applicant

M J B

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner has established grounds for dissolution of the marriage under Section 66(2) of the Marriage Act.
  2. 2 Whether the respondent deserted the petitioner for at least three years.
  3. 3 Whether cruelty by the respondent towards the petitioner or her family was proved.

Ratio Decidendi

The court found that the petitioner failed to prove cruelty as a ground for dissolution, as the allegations of sexual harassment were not pleaded in the petition and were denied by the respondent. However, the court noted that the parties had been separated for several years, with no resumption of cohabitation, and that the petitioner had no interest in continuing the marriage. The respondent's efforts to reconcile were unsuccessful. The court held that the marriage had irretrievably broken down, which is a statutory ground for dissolution under Section 66(2) of the Marriage Act. The court emphasized that marriage is a voluntary union and cannot be sustained by compulsion where one party...

Court Disposition

petition allowed; marriage dissolved

Orders

  • A decree of divorce is granted dissolving the marriage between the petitioner and respondent solemnized at the Registrar’s Office in Mombasa on 9.10.03.
  • Decree nisi to issue and to be made absolute within 1 month.