[2014] KEHC 3562 (KLR)
The court found that the petitioner had established, on a balance of probabilities, that the respondent had treated her with cruelty as defined under the law. The evidence, which was unchallenged due to the respondent's failure to contest, demonstrated that the marriage had irretrievably broken down. The court was...
Source-derived case information.
- Citation
- [2014] KEHC 3562 (KLR)
- Parties
- Petitioner: A O; Respondent: M Z
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Judgment Date
- 31 July 2014
- Case Number
- Divorce Cause 236 of 2013
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- LK Kimaru
- Legal Topics
- Divorce, Matrimonial Cruelty, Irretrievable Breakdown, Maintenance Agreement
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
A O
Petitioner
M Z
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the petitioner has established cruelty by the respondent to the required standard of proof.
- 2 Whether the marriage between the petitioner and respondent has irretrievably broken down.
- 3 Whether the petitioner is entitled to a decree of divorce and related reliefs.
Ratio Decidendi
The court found that the petitioner had established, on a balance of probabilities, that the respondent had treated her with cruelty as defined under the law. The evidence, which was unchallenged due to the respondent's failure to contest, demonstrated that the marriage had irretrievably broken down. The court was satisfied that the matrimonial offence of cruelty had been proved and that the parties had been separated for nearly two years. Accordingly, the court granted the petition for divorce and issued a decree nisi dissolving the marriage, to be made absolute after thirty days. The issue of maintenance and future support had been settled by agreement between the parties, and no order...
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage celebrated between the petitioner and respondent on 11th March 2009 is dissolved.
- A decree nisi dissolving the marriage is issued, to be made absolute thirty days from the date of judgment.
Full Case Text
Judgment text and source record
12 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI
DIVORCE CAUSE NO. 236 OF 2013
A O….......................................………………………………………PETITIONER
VERSUS
M Z ………….….…....................…..……………………………………….RESPONDENT
J U D G M E N T
The Petitioner and the Respondent were married on 11th March 2009 under the Marriage Act. The marriage was celebrated at Hotel Boulevard in Nairobi. After the celebration of the said marriage, the Petitioner and the Respondent cohabited together as husband in Nairobi and in Thailand. The marriage has not been blessed with any issues. The Petitioner and the Respondent each have two children from previous relationships. According to the Petitioner, since the celebration of the said marriage, the Respondent had treated her with cruelty. In the particulars of cruelty, the Petitioner alleged, inter alia, that she had suffered abuse and mistreatment in the hands of the Respondent. She alleged that the Respondent isolated her from friends and family, demeaned her, failed to involve her in the running of the affairs of the family and subjected her to mental anguish by forcing her to live on limited resources. She complained that the Respondent had falsely accused her of being unfaithful. She also accused the Respondent of willful neglect of his responsibilities as a husband. In particular she alleged that the Respondent had neglected her physical, emotional and medical needs. Because of the Respondent's behaviour, the Petitioner left the matrimonial home on 8th September 2012. For these reasons, the Petitioner is of the view that her marriage to the Respondent had irretrievably broken down with no possibility of salvage. The Petitioner urged the court to grant her petition for divorce, compel the Respondent to pay maintenance to her and finally award her costs of the suit.
The Respondent was served with the summons to enter appearance together with a copy of the petition for divorce. He entered appearance. However, he did not file any papers in opposition to the petition for divorce. The deputy Registrar of this court issued a certificate certifying this cause as suitable to be heard as an undefended divorce cause. During the hearing of the petition, this court heard oral evidence adduced by the Petitioner. She essentially reiterated the contents of her petition for divorce. This court has carefully considered the facts of this divorce cause. It was clear from the evidence adduced by the Petitioner that the marriage between the Petitioner and the Respondent has irretrievably broken down. It is apparent to the court that the Petitioner feels mistreated. The incidents of cruelty as narrated by the Petitioner, taken in totality, established to the required standard of proof on a balance of probability the matrimonial offence of cruelty. She has been separated from the Respondent for nearly two (2) years. This court will therefore grant the petition for divorce.
In the premises therefore, the marriage celebrated between the Petitioner and the Respondent on 11th March 2009 at Hotel Boulevard in Nairobi is hereby dissolved. Decree nisi dissolving the said marriage is hereby issued. The decree nisi shall be made absolute thirty (30) from the date of this judgment. The parties entered into an agreement settling the issue of maintenance and future support. That agreement is dated 8th November 2013 and has been filed in court. There shall be no orders as to costs.
DATED AT NAIROBI THIS 31ST DAY OF JULY, 2014
L. KIMARU
JUDGE