[2013] KEHC 1945 (KLR)

[2013] KEHC 1945 (KLR)

The court found that the marriage between the Petitioner and Respondent had irretrievably broken down, primarily due to the physical separation caused by the Petitioner’s relocation to the United States and the resulting loss of trust and communication breakdown. The court was not persuaded by the evidence of adultery but determined that the loss of trust and the inability to reconcile rendered the marriage unsalvageable. Consequently, the court granted the petition for divorce and issued a decree nisi dissolving the marriage, to be made absolute in thirty days. The court declined to make any order as to costs and directed the parties to agree on maintenance within fourteen days, failing...

Citation
[2013] KEHC 1945 (KLR)
Parties
Petitioner: R.O.O; Respondent: I.G.O
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
27 September 2013
Case Number
Divorce Cause 98 of 2011
Procedural Posture
Divorce Cause / Judgment
Outcome
petition for divorce granted; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Irretrievable Breakdown of Marriage, Maintenance, Custody of Children
Source Language
English
Family and Children Divorce Irretrievable Breakdown of Marriage Maintenance Custody of Children

Case Brief

Summary, issues, holding and outcome

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Parties

R.O.O

Petitioner

I.G.O

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the Petitioner and Respondent has irretrievably broken down.
  2. 2 Whether either party is entitled to a decree of divorce based on cruelty, adultery, or desertion.
  3. 3 Whether the Respondent is entitled to maintenance from the Petitioner.

Ratio Decidendi

The court found that the marriage between the Petitioner and Respondent had irretrievably broken down, primarily due to the physical separation caused by the Petitioner’s relocation to the United States and the resulting loss of trust and communication breakdown. The court was not persuaded by the evidence of adultery but determined that the loss of trust and the inability to reconcile rendered the marriage unsalvageable. Consequently, the court granted the petition for divorce and issued a decree nisi dissolving the marriage, to be made absolute in thirty days. The court declined to make any order as to costs and directed the parties to agree on maintenance within fourteen days, failing...

Court Disposition

petition for divorce granted; marriage dissolved

Orders

  • Decree nisi dissolving the marriage between the Petitioner and Respondent issued, to be made absolute in thirty days.
  • No order as to costs.