[2014] KEHC 3262 (KLR)

[2014] KEHC 3262 (KLR)

The court found that the petitioner’s allegations of cruelty, desertion, and adultery were uncontroverted, as the respondent neither filed a reply nor appeared in court. The evidence presented by the petitioner was accepted as true. The court determined that the marriage had irretrievably broken down, there was no collusion or condonation, and the legal grounds for dissolution were established. As no evidence was provided regarding maintenance, no order was made on that issue. The court therefore ordered the dissolution of the marriage, issuance of a decree nisi to be made absolute after thirty days, and made no order as to costs.

Citation
[2014] KEHC 3262 (KLR)
Parties
Petitioner: R W W; Respondent: D O N
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
14 August 2014
Case Number
Divorce Cause 258 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
DN Musyoka
Legal Topics
Divorce, Cruelty, Desertion, Adultery, Irretrievable Breakdown, Maintenance
Source Language
English
Family and Children Divorce Cruelty Desertion Adultery Irretrievable Breakdown Maintenance

Case Brief

Summary, issues, holding and outcome

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Parties

R W W

Petitioner

D O N

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent was guilty of cruelty, desertion, and adultery as alleged by the petitioner.
  2. 2 Whether the marriage between the parties had irretrievably broken down.
  3. 3 Whether there was collusion or condonation in the institution of the proceedings.

Ratio Decidendi

The court found that the petitioner’s allegations of cruelty, desertion, and adultery were uncontroverted, as the respondent neither filed a reply nor appeared in court. The evidence presented by the petitioner was accepted as true. The court determined that the marriage had irretrievably broken down, there was no collusion or condonation, and the legal grounds for dissolution were established. As no evidence was provided regarding maintenance, no order was made on that issue. The court therefore ordered the dissolution of the marriage, issuance of a decree nisi to be made absolute after thirty days, and made no order as to costs.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated between the petitioner and respondent on 23rd August 2005 is dissolved.
  • Decree nisi to issue forthwith and to be made absolute after thirty (30) days.