[2006] KEHC 2285 (KLR)

[2006] KEHC 2285 (KLR)

The court found that the Respondent had committed adultery, deserted the Petitioner since September 2003, and treated the Petitioner and his children with cruelty. The Respondent did not contest the petition, and the Petitioner's evidence was uncontroverted. The court was satisfied that the marriage had...

Source-derived case information.

Citation
[2006] KEHC 2285 (KLR)
Parties
Petitioner: T M.; Respondent: AM M.
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
9 May 2006
Case Number
Divorce Cause 32 of 2005
Procedural Posture
Divorce Cause / Judgment
Outcome
petition granted; marriage dissolved
Legal Topics
Divorce, Adultery, Cruelty, Desertion, Irretrievable Breakdown, Dissolution of Marriage
Source Language
english
Family and Children Divorce Adultery Cruelty Desertion Irretrievable Breakdown Dissolution of Marriage

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Summary, issues, holding and outcome

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Parties

T M.

Petitioner

AM M.

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent treated the Petitioner with cruelty.
  2. 2 Whether the Respondent deserted the Petitioner.
  3. 3 Whether the Respondent committed adultery.

Ratio Decidendi

The court found that the Respondent had committed adultery, deserted the Petitioner since September 2003, and treated the Petitioner and his children with cruelty. The Respondent did not contest the petition, and the Petitioner's evidence was uncontroverted. The court was satisfied that the marriage had irretrievably broken down due to the Respondent's conduct, including adultery and desertion. Attempts at reconciliation had failed. Consequently, the court granted the petition for dissolution of marriage and ordered the issuance of a decree nisi to be made absolute after six months.

Court Disposition

petition granted; marriage dissolved

Orders

  • The marriage between the Petitioner and the Respondent is dissolved.
  • A decree nisi shall issue immediately to be made absolute after six months.