[2015] KEHC 7262 (KLR)

[2015] KEHC 7262 (KLR)

The court found that the petitioner had proved, on a balance of probabilities, that the respondent was guilty of cruelty and desertion. The respondent's failure to contest the petition or challenge the evidence meant the petitioner's testimony was accepted as true. The court concluded that the marriage had irretrievably broken down, with no possibility of reconciliation, and thus granted the order for dissolution of marriage as sought by the petitioner.

Citation
[2015] KEHC 7262 (KLR)
Parties
Applicant: W.M.; Respondent: A.M.
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
7 April 2015
Case Number
Divorce Cause 166 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for dissolution of marriage allowed. Decree Nisi to issue forthwith and become absolute after 30 days.
Judges
AO Muchelule, DN Musyoka
Legal Topics
Dissolution of Marriage, Cruelty, Desertion, Irretrievable Breakdown, Matrimonial Disputes
Source Language
English
Family and Children Dissolution of Marriage Cruelty Desertion Irretrievable Breakdown Matrimonial Disputes

Case Brief

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Parties

W.M.

Applicant

A.M.

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 petitioner, leading to the irretrievable breakdown of the marriage.
  3. 3 Whether the petitioner is entitled to dissolution of the marriage on the grounds pleaded.

Ratio Decidendi

The court found that the petitioner had proved, on a balance of probabilities, that the respondent was guilty of cruelty and desertion. The respondent's failure to contest the petition or challenge the evidence meant the petitioner's testimony was accepted as true. The court concluded that the marriage had irretrievably broken down, with no possibility of reconciliation, and thus granted the order for dissolution of marriage as sought by the petitioner.

Court Disposition

Petition for dissolution of marriage allowed. Decree Nisi to issue forthwith and become absolute after 30 days.

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • Decree Nisi to issue forthwith and become absolute after 30 days.