[2001] KEHC 187 (KLR)
The court found that the petitioner had provided unchallenged evidence of extreme cruelty by the respondent, including physical abuse and mental anguish, as well as failure to provide for the family. The respondent did not contest the proceedings or the evidence presented. The court was satisfied that the grounds...
Source-derived case information.
- Citation
- [2001] KEHC 187 (KLR)
- Parties
- Petitioner: A M W K; Respondent: T K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 28 of 2001
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Judicial separation granted in favour of the petitioner; costs awarded to the petitioner.
- Legal Topics
- Judicial Separation, Cruelty, Adultery, Matrimonial Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
A M W K
Petitioner
T K
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent treated the petitioner with cruelty sufficient to justify judicial separation.
- 2 Whether the respondent committed adultery during the marriage.
- 3 Whether the respondent failed to provide for the petitioner and the children.
Ratio Decidendi
The court found that the petitioner had provided unchallenged evidence of extreme cruelty by the respondent, including physical abuse and mental anguish, as well as failure to provide for the family. The respondent did not contest the proceedings or the evidence presented. The court was satisfied that the grounds for judicial separation were established and granted the order in favour of the petitioner. The court also noted the allegation of adultery but did not make a finding on it since the alleged adulteress was not cited or served. Costs were awarded to the petitioner.
Court Disposition
Judicial separation granted in favour of the petitioner; costs awarded to the petitioner.
Orders
- Order for judicial separation in favour of the petitioner.
- Respondent to pay the costs of the petition.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
DIVORCE CAUSE NO. 28 OF 2001
A M W K ……………………… PETITIONER
VERSUS
T K ………………………… RESPONDENT
J U D G E M E N T
The petitioner A M W K , married the respondent on 8th April, 1972 in a Catholic church in Nyeri. A copy of the marriage certificate is attached to the petition. Thereafter they set up a home in Nakuru where they lived between 1972 – 1997. They have four living children whose particulars are as shown in para 3 of the petition. One child died in 1973.
The petitioner is a Deputy Provincial Police Officer, based in Kisumu, whilst the respondent is now a retired civil servant. He retired last year, 2001. The petitioner has complained of cruelty on the part of her husband, i.e. constant beatings which have caused her both physical and mental anguish, stress and a weak heart condition which has led her to attend a heart clinic in Hurlingham in Nairobi, and get medical treatment. She produced medical documents in court to support this.
The petitioner also complained of adultery committed by her husband with a woman called R W. However, the woman was not cited and was not served and is therefore not a party to these proceedings. Nevertheless the petitioner complained that her husband and the woman have a child who is at times brought to the house and this too has caused her mental anguish.
The petitioner complained further that the respondent never used to provide for her and the children. She had to bear responsibilities of the family and even educate the four children who are all in USA now. The respondent has all along been served with the proceedings, but he has never responded. From the evidence given by the petitioner this morning, evidence which has not been challenged. I am satisfied that the respondent has treated her with extreme cruelty as she narrated in court. I am therefore granting an order for Judicial Separation in favour of the petitioner. Further, I direct that the respondent be condemned with the costs of this petition.
Dated at Nairobi this 25th day of October, 2001.
JOYCE ALUOCH
HIGH COURT JUDGE