[2012] KEHC 3726 (KLR)

[2012] KEHC 3726 (KLR)

The court found that the marriage between the petitioner and respondent had irretrievably broken down, as evidenced by more than five years of separation, contradictory accounts of cruelty and desertion, and the petitioner's establishment of a new family. The court held that it was unnecessary to determine precisely which party committed the matrimonial offences, as the social reality and evidence demonstrated the marriage no longer existed in substance. The court granted a decree nisi of divorce, to be made absolute upon application, and ordered that the existing Children's Court orders regarding the child remain in force. No order as to costs was made.

Citation
[2012] KEHC 3726 (KLR)
Parties
Petitioner: V.M.M; Respondent: S.M.M
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
12 March 2012
Case Number
Divorce Cause 11 of 2009
Procedural Posture
Divorce Petition / Judgment
Outcome
Decree nisi of divorce granted; to be made absolute upon application. Existing Children's Court orders remain in force. No order as to costs.
Judges
JB Ojwang, JV Juma
Legal Topics
Divorce, Irretrievable Breakdown, Cruelty, Desertion, Child Maintenance
Source Language
English
Family and Children Divorce Irretrievable Breakdown Cruelty Desertion Child Maintenance

Case Brief

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Parties

V.M.M

Petitioner

S.M.M

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
  2. 2 Whether the petitioner or respondent committed acts of cruelty or desertion justifying dissolution of marriage.
  3. 3 Whether either party condoned or connived at the alleged matrimonial offences.

Ratio Decidendi

The court found that the marriage between the petitioner and respondent had irretrievably broken down, as evidenced by more than five years of separation, contradictory accounts of cruelty and desertion, and the petitioner's establishment of a new family. The court held that it was unnecessary to determine precisely which party committed the matrimonial offences, as the social reality and evidence demonstrated the marriage no longer existed in substance. The court granted a decree nisi of divorce, to be made absolute upon application, and ordered that the existing Children's Court orders regarding the child remain in force. No order as to costs was made.

Court Disposition

Decree nisi of divorce granted; to be made absolute upon application. Existing Children's Court orders remain in force. No order as to costs.

Orders

  • A decree nisi of divorce is granted, to be made absolute upon application by a party.
  • Orders of the Children's Court in Case No. 321 of 2007 remain in force, subject to further orders on application.