[2015] KEHC 7746 (KLR)
The court found that the petitioner had proved, on a balance of probabilities, that the respondent deserted her, was guilty of cruelty, and committed adultery. The respondent failed to enter appearance or file a response, and the petitioner's evidence was unchallenged. The court accepted the petitioner's testimony...
Source-derived case information.
- Citation
- [2015] KEHC 7746 (KLR)
- Parties
- Petitioner: A.G.; Respondent: A.M.
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 235 of 2014
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- AO Muchelule
- Legal Topics
- Divorce, Dissolution of Marriage, Desertion, Cruelty, Adultery
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
A.G.
Petitioner
A.M.
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent deserted the petitioner, amounting to grounds for divorce.
- 2 Whether the respondent was guilty of cruelty towards the petitioner.
- 3 Whether the respondent committed adultery, justifying dissolution of the marriage.
Ratio Decidendi
The court found that the petitioner had proved, on a balance of probabilities, that the respondent deserted her, was guilty of cruelty, and committed adultery. The respondent failed to enter appearance or file a response, and the petitioner's evidence was unchallenged. The court accepted the petitioner's testimony as credible and sufficient to establish the grounds for dissolution. The marriage was found to have irretrievably broken down, justifying the grant of a decree nisi for dissolution of the marriage.
Court Disposition
petition allowed; marriage dissolved
Orders
- A decree nisi for dissolution of the marriage shall issue forthwith and shall become absolute after thirty (30) days.
- No order as to costs.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CAUSE NO.235 OF 2014
A.G...............................................................................PETITIONER
VERSUS
A.M............................................................................RESPONDENT
JUDGMENT
The petitioner is a dual citizen of both Germany and Switzerland while the respondent is a Kenyan citizen. The two got married at the Registrar of Marriages Office in Nairobi on 17th September 2003. The petitioner is a Communications Consultant. She is currently based in Jordan. The respondent is a salesman based in Kenya. After the celebration of the marriage, the couple resided both in Nairobi and Guinea. The marriage was not blessed with any children.
The petitioner filed this petition dated 25th November 2014 seeking the dissolution of the marriage on grounds of desertion, cruelty and adultery on the part of the respondent. During oral testimony, the petitioner stated that the couple stopped living together in June 2005. The respondent left their house in Guinea Conakry and went to live with a woman in Lamu, Kenya. He failed to give the petitioner mental and emotional support, and to meet the basic responsibilities expected of a spouse. He exhibited an irresponsible attitude towards the marriage by easily picking quarrels and fighting with the petitioner. He physically assaulted her, and was verbally abusive. It is for these reasons that she asked that the marriage be dissolved.
The respondent did not enter appearance or file response, despite being served. The Cause was therefore not defended. I accept the petitioner’s evidence and find the respondent guilty of desertion, cruelty and adultery. The marriage herein has irretrievably broken down. I order its dissolution. A Decree nisi shall issue forthwith and shall become absolute after thirty (30) days. The petitioner did not want costs of the cause.
DATEDandDELIVEREDatNAIROBIthis24th September 2015
A.O. MUCHELULE
JUDGE