[2011] KEHC 3323 (KLR)

[2011] KEHC 3323 (KLR)

The court found that the petitioner had proved, on a balance of probabilities, the grounds of cruelty and desertion by the respondent. The respondent's absence from the matrimonial home for four years, her failure to respond to the petition, and evidence that she had moved on with her life and had a child with another man demonstrated that the marriage had irretrievably broken down. The court was satisfied that reconciliation was not possible and that the marriage should be dissolved.

Citation
[2011] KEHC 3323 (KLR)
Parties
Applicant: T.W.K; Respondent: A.W.N
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
4 March 2011
Case Number
Divorce Cause 56 of 2010
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Matrimonial Offences, Cruelty, Desertion, Irretrievable Breakdown, Service of Process
Source Language
English
Family and Children Divorce Matrimonial Offences Cruelty Desertion Irretrievable Breakdown Service of Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

T.W.K

Applicant

A.W.N

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent was guilty of cruelty towards the petitioner.
  2. 2 Whether the respondent deserted the matrimonial home without reasonable cause.
  3. 3 Whether the marriage had irretrievably broken down and should be dissolved.

Ratio Decidendi

The court found that the petitioner had proved, on a balance of probabilities, the grounds of cruelty and desertion by the respondent. The respondent's absence from the matrimonial home for four years, her failure to respond to the petition, and evidence that she had moved on with her life and had a child with another man demonstrated that the marriage had irretrievably broken down. The court was satisfied that reconciliation was not possible and that the marriage should be dissolved.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage solemnized between the petitioner and the respondent on 11th January 2006 at the Registrar’s office in Nairobi is hereby dissolved.
  • Decree nisi dissolving the said marriage is hereby issued.