[2015] KEHC 7404 (KLR)

[2015] KEHC 7404 (KLR)

The court found that the respondent's conduct amounted to cruelty due to constant quarrels, physical altercations, and attempts at self-harm, which caused the petitioner mental anguish. The respondent deserted the matrimonial home in February 2007 and did not return, which constituted desertion. Furthermore, the...

Source-derived case information.

Citation
[2015] KEHC 7404 (KLR)
Parties
Petitioner: R.S.B.; Respondent: S.K.
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
4 June 2015
Case Number
Divorce Cause 130 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition granted. Marriage dissolved.
Judges
AO Muchelule
Legal Topics
Divorce, Cruelty, Desertion, Bigamy
Source Language
english
Family and Children Divorce Cruelty Desertion Bigamy

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Summary, issues, holding and outcome

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Parties

R.S.B.

Petitioner

S.K.

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 bigamy by marrying another person during the subsistence of the marriage.

Ratio Decidendi

The court found that the respondent's conduct amounted to cruelty due to constant quarrels, physical altercations, and attempts at self-harm, which caused the petitioner mental anguish. The respondent deserted the matrimonial home in February 2007 and did not return, which constituted desertion. Furthermore, the respondent contracted another marriage with J S while still married to the petitioner, amounting to bigamy. The unchallenged evidence of the petitioner was accepted, and the respondent's failure to respond or participate in the proceedings further strengthened the petitioner's case. The court concluded that the grounds for dissolution of marriage were established and granted the...

Court Disposition

Petition granted. Marriage dissolved.

Orders

  • The marriage between the petitioner and the respondent is dissolved.
  • Decree nisi to issue immediately and to become absolute after 30 days.