[2013] KEHC 1946 (KLR)

[2013] KEHC 1946 (KLR)

The court found that the petitioner had proved, on a balance of probabilities, that the respondent had committed the matrimonial offence of cruelty by humiliating the petitioner, denying him conjugal rights, and neglecting him. The parties had not related as husband and wife for over ten years, amounting to constructive desertion and irretrievable breakdown of the marriage. The petition was unopposed and the evidence was uncontested. Accordingly, the court held that the petitioner was entitled to a decree dissolving the marriage.

Citation
[2013] KEHC 1946 (KLR)
Parties
Petitioner: R S; Respondent: B S
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
8 October 2013
Case Number
Divorce Cause 51 of 2010
Procedural Posture
Divorce Cause / Judgment
Outcome
petition for divorce granted; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Matrimonial Offences, Cruelty, Irretrievable Breakdown, Constructive Desertion
Source Language
English
Family and Children Divorce Matrimonial Offences Cruelty Irretrievable Breakdown Constructive Desertion

Case Brief

Summary, issues, holding and outcome

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Parties

R S

Petitioner

B S

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner proved the matrimonial offence of cruelty against the respondent.
  2. 2 Whether the marriage between the petitioner and respondent has irretrievably broken down.
  3. 3 Whether the petitioner is entitled to a decree of divorce.

Ratio Decidendi

The court found that the petitioner had proved, on a balance of probabilities, that the respondent had committed the matrimonial offence of cruelty by humiliating the petitioner, denying him conjugal rights, and neglecting him. The parties had not related as husband and wife for over ten years, amounting to constructive desertion and irretrievable breakdown of the marriage. The petition was unopposed and the evidence was uncontested. Accordingly, the court held that the petitioner was entitled to a decree dissolving the marriage.

Court Disposition

petition for divorce granted; marriage dissolved

Orders

  • The marriage celebrated on 5th May 1985 between the petitioner and respondent is dissolved.
  • Decree nisi dissolving the marriage is issued, to be made absolute thirty (30) days from the date of judgment.