[2014] KEHC 5521 (KLR)

[2014] KEHC 5521 (KLR)

The court found that the respondent deserted the petitioner without reasonable cause for more than three years prior to the petition, satisfying the statutory requirement for desertion as a ground for divorce. The court also held that the respondent’s denial of conjugal rights and abandonment without communication constituted cruelty within the meaning of the law. However, the petitioner failed to prove adultery, as no evidence was tendered and no co-respondent was named. The court concluded that the marriage had irretrievably broken down due to cruelty and desertion, and there was no reasonable prospect of reconciliation. Accordingly, the court granted the decree of divorce, dissolving...

Citation
[2014] KEHC 5521 (KLR)
Parties
Applicant: R A O; Respondent: K O O
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
25 April 2014
Case Number
Divorce Cause 30 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
Decree of divorce granted; marriage dissolved.
Judges
DN Musyoka
Legal Topics
Divorce, Matrimonial Offences, Cruelty, Desertion, Adultery
Source Language
English
Family and Children Divorce Matrimonial Offences Cruelty Desertion Adultery

Case Brief

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Parties

R A O

Applicant

K O O

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent's conduct amounts to cruelty under the Matrimonial Causes Act.
  2. 2 Whether the respondent deserted the petitioner for the statutory period required for divorce.
  3. 3 Whether adultery by the respondent has been proved as a ground for divorce.

Ratio Decidendi

The court found that the respondent deserted the petitioner without reasonable cause for more than three years prior to the petition, satisfying the statutory requirement for desertion as a ground for divorce. The court also held that the respondent’s denial of conjugal rights and abandonment without communication constituted cruelty within the meaning of the law. However, the petitioner failed to prove adultery, as no evidence was tendered and no co-respondent was named. The court concluded that the marriage had irretrievably broken down due to cruelty and desertion, and there was no reasonable prospect of reconciliation. Accordingly, the court granted the decree of divorce, dissolving...

Court Disposition

Decree of divorce granted; marriage dissolved.

Orders

  • A decree nisi of divorce is issued dissolving the marriage solemnized on 27th August 2008 between R A O and K O O.
  • Decree nisi to be made absolute after 30 days from the date of judgment.