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M.W.K V C.M.W [2012] KEHC 3046 (KLR)

[2012] KEHC 3046 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
3046
Citation
[2012] KEHC 3046 (KLR)
Decided
18 July 2012
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetition for divorce on grounds of cruelty vs. Cross-petition for divorce on grounds of desertionCoramEDWARD M. MURIITHI
Holding

The Respondent is found guilty of cruelty and constructive desertion, and the marriage is dissolved.

Facts

The parties were married on July 8, 1993, and the Petitioner alleged that the Respondent became cruel after 1996, including physical assaults and threats to kill her. The Respondent's cross-petition for divorce was withdrawn.

Issues

  1. Whether the Petitioner has proved the Respondent's cruelty causing her to leave the matrimonial home
  2. Whether the Respondent is guilty of constructive desertion

Reasoning

The court accepted the Petitioner's testimony regarding the Respondent's cruelty and threats, finding that she left the matrimonial home due to the Respondent's behavior.

Outcome

Dissolution of marriage

Orders

  • Order for dissolution of marriage between the Petitioner and the Respondent solemnized on the 8th July 1993
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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