[2015] KEHC 7086 (KLR)
The court found that the petitioner had provided uncontroverted evidence that the respondent committed adultery by becoming pregnant by another man during the subsistence of the marriage. The respondent, though represented, did not testify to rebut the petitioner's claims. The court accepted the petitioner's...
Source-derived case information.
- Citation
- [2015] KEHC 7086 (KLR)
- Parties
- Petitioner: B. K. K; Respondent: P. M. K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 148 of 2012
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition allowed. Marriage dissolved on ground of adultery.
- Judges
- AO Muchelule
- Legal Topics
- Dissolution of Marriage, Adultery, African Christian Marriage, Decree Nisi
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
B. K. K
Petitioner
P. M. K
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent committed adultery during the subsistence of the marriage.
- 2 Whether the petitioner is entitled to dissolution of marriage on the ground of adultery.
Ratio Decidendi
The court found that the petitioner had provided uncontroverted evidence that the respondent committed adultery by becoming pregnant by another man during the subsistence of the marriage. The respondent, though represented, did not testify to rebut the petitioner's claims. The court accepted the petitioner's evidence and held that the ground of adultery had been established. Consequently, the court ordered the dissolution of the marriage, issuing a Decree Nisi to become absolute after 30 days, with no order as to costs.
Court Disposition
Petition allowed. Marriage dissolved on ground of adultery.
Orders
- The marriage between the petitioner and respondent is dissolved.
- Decree Nisi to issue forthwith and become absolute after 30 days.
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. 148 OF 2012
B. K. K...........................................................................PETITIONER
VERSUS
P.M.K......................................................................... RESPONDENT
JUDGMENT
1. The petitioner and the respondent got married on 14th August 2010 in Nairobi under the African Christian Marriage and Divorce Act (Cap. 151)and begun to stay in Machakos. It was the uncontroverted evidence of the petitioner that on 28th September 2010 he left for the USA after agreeing with the respondent that she would later join him. However, she became pregnant by another man and delivered in December 2011. The next time the petitioner returned to Kenya was in 2014. The parties have not been in any communication.
2. On 14th August 2012 the petitioner filed this petition seeking the dissolution of the marriage on ground of adultery. The respondent filed answer to the petition denying adultery and claiming the petitioner was cruel to her. The petitioner testified during hearing. The respondent did not attend to testify, but was represented.
3. I accept the evidence of the petitioner and find that the respondent was guilty of adultery. On that ground, I order the dissolution of the marriage. Decree Nisi shall issue forthwith and shall become absolute after the expiry of 30 days. I make no order as to costs.
DATED and DELIVERED at NAIROBI this 13th February 2015.
A.O. MUCHELULE
JUDGE