[2014] KEHC 4786 (KLR)
The court found that the petitioner had proved her case on a balance of probability, establishing that the respondent was guilty of cruelty and adultery. The respondent's consent to the petition and lack of opposition further supported the petitioner's case. The court was satisfied that the grounds for dissolution...
Source-derived case information.
- Citation
- [2014] KEHC 4786 (KLR)
- Parties
- Applicant: B N K; Respondent: E K K
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 6 ‘A’ of 2011
- Procedural Posture
- Divorce Cause / Ruling
- Outcome
- Petition allowed. Marriage dissolved.
- Judges
- BT Jaden
- Legal Topics
- Divorce, Dissolution of Marriage, Adultery, Cruelty, Maintenance, Matrimonial Offences
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
B N K
Applicant
E K K
Respondent
Procedural Posture
Divorce Cause / Ruling
Legal Issues
- 1 Whether the petitioner has proved grounds for dissolution of marriage on the basis of cruelty and adultery.
- 2 Whether the marriage between the petitioner and respondent should be dissolved.
Ratio Decidendi
The court found that the petitioner had proved her case on a balance of probability, establishing that the respondent was guilty of cruelty and adultery. The respondent's consent to the petition and lack of opposition further supported the petitioner's case. The court was satisfied that the grounds for dissolution of marriage had been met under the Marriage Act, and therefore ordered the dissolution of the marriage.
Court Disposition
Petition allowed. Marriage dissolved.
Orders
- The marriage between the petitioner and respondent is dissolved.
- Decree Nisi to issue and to be made absolute after six months.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
DIVORCE CAUSE NO. 6 ‘A’ OF 2011
B N K ………………..……..… PETITIONER
VERSUS
E K K …………..……………RESPONDENT
R U L I N G
The Petitioner, B N K vide the petition dated 14/12/11 sued the Respondent, E K K praying that the marriage between them be dissolved. The Petitioner accused the Respondent of cruelty and adultery. The Respondent filed the notice of admission dated 19/3/12 and stated that he consented to the petition and was not opposed to the dissolution of the marriage.
During the hearing of the petition, the Petitioner produced the Marriage Certificate which reflects that the marriage was conducted on 6/9/1994 under the Marriage Act Cap 150 Laws of Kenya. The marriage was blessed with two off springs who are now adults. It was the Petitioner’s evidence that the Respondent now lives with one P L as man and wife. The Petitioner further testified that the Respondent stopped maintaining her and the children, cut off communication, denied her conjugal rights and was adulterous.
The Respondent did not attend court on the hearing date though served.
I have considered the evidence by the Petitioner. I am satisfied that the Petitioner has proved her case on a balance of probability. I therefore declare the marriage between the Petitioner and the Respondent dissolved. Decree Nisi to issue and the same to be made absolute after the lapse of six (6) months.
………………………………………
B. THURANIRA JADEN
JUDGE
Dated and delivered at Machakos this 15thday of May2014.
………………………………………
B. THURANIRA JADEN
JUDGE