[2014] KEHC 6068 (KLR)

[2014] KEHC 6068 (KLR)

The court found that the Petitioner had established, on a balance of probabilities, that the Respondent treated her with cruelty, including drunkenness, verbal and physical abuse, and that the parties had been separated for over three years. The court was satisfied that the marriage had irretrievably broken down with no possibility of reconciliation. Accordingly, the court granted the petition for divorce and ordered the dissolution of the marriage.

Citation
[2014] KEHC 6068 (KLR)
Parties
Petitioner: S A O; Respondent: G S
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
17 March 2014
Case Number
Divorce Cause 96 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
petition for divorce granted; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Cruelty, Irretrievable Breakdown, Matrimonial Offences
Source Language
English
Family and Children Divorce Cruelty Irretrievable Breakdown Matrimonial Offences

Case Brief

Summary, issues, holding and outcome

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Parties

S A O

Petitioner

G S

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent treated the Petitioner with cruelty warranting dissolution of marriage.
  2. 2 Whether the marriage between the parties has irretrievably broken down.

Ratio Decidendi

The court found that the Petitioner had established, on a balance of probabilities, that the Respondent treated her with cruelty, including drunkenness, verbal and physical abuse, and that the parties had been separated for over three years. The court was satisfied that the marriage had irretrievably broken down with no possibility of reconciliation. Accordingly, the court granted the petition for divorce and ordered the dissolution of the marriage.

Court Disposition

petition for divorce granted; marriage dissolved

Orders

  • The marriage celebrated on 24th November 2006 at the Registrar’s Office in Nairobi between the Petitioner and the Respondent is hereby dissolved.
  • Decree nisi dissolving the said marriage is hereby issued.