[2014] KEHC 5528 (KLR)

[2014] KEHC 5528 (KLR)

The court found that the petitioner’s allegations of cruelty and irretrievable breakdown of the marriage were uncontroverted, as the respondent withdrew his cross-petition and did not testify. The evidence presented by the petitioner was accepted as sufficient proof of the matrimonial offences alleged. The court was satisfied that there was no collusion or condonation and that the marriage had irretrievably broken down. Accordingly, the court ordered the dissolution of the marriage and issued a decree nisi to be made absolute after thirty days.

Citation
[2014] KEHC 5528 (KLR)
Parties
Petitioner: S S; Respondent: H P
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
25 April 2014
Case Number
Divorce Cause 161 of 2011
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed. Marriage dissolved.
Judges
DN Musyoka
Legal Topics
Divorce, Cruelty, Irretrievable Breakdown of Marriage, Matrimonial Offences
Source Language
English
Family and Children Divorce Cruelty Irretrievable Breakdown of Marriage Matrimonial Offences

Case Brief

Summary, issues, holding and outcome

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Parties

S S

Petitioner

H P

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner has proved cruelty by the respondent to justify dissolution of marriage.
  2. 2 Whether the marriage has irretrievably broken down.
  3. 3 Whether there was collusion or condonation between the parties.

Ratio Decidendi

The court found that the petitioner’s allegations of cruelty and irretrievable breakdown of the marriage were uncontroverted, as the respondent withdrew his cross-petition and did not testify. The evidence presented by the petitioner was accepted as sufficient proof of the matrimonial offences alleged. The court was satisfied that there was no collusion or condonation and that the marriage had irretrievably broken down. Accordingly, the court ordered the dissolution of the marriage and issued a decree nisi to be made absolute after thirty days.

Court Disposition

Petition allowed. Marriage dissolved.

Orders

  • The marriage celebrated between the petitioner and respondent on 8th August 2008 is hereby dissolved.
  • Decree nisi shall issue forthwith and shall be made absolute after thirty (30) days.