[2014] KEHC 4979 (KLR)
The court found that the petitioner’s allegations of adultery, cruelty, and desertion were uncontroverted as the respondent failed to respond or present evidence. The petitioner’s testimony was accepted as truthful and sufficient to establish the grounds for dissolution of marriage. The court was satisfied that the...
Source-derived case information.
- Citation
- [2014] KEHC 4979 (KLR)
- Parties
- Applicant: C N M; Respondent: L G S
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 149 of 2013
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- DN Musyoka
- Legal Topics
- Divorce, Adultery, Cruelty, Desertion
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
C N M
Applicant
L G S
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent committed adultery, cruelty, and desertion as alleged by the petitioner.
- 2 Whether the marriage between the parties has irretrievably broken down.
- 3 Whether there was collusion or condonation in the bringing of these proceedings.
Ratio Decidendi
The court found that the petitioner’s allegations of adultery, cruelty, and desertion were uncontroverted as the respondent failed to respond or present evidence. The petitioner’s testimony was accepted as truthful and sufficient to establish the grounds for dissolution of marriage. The court was satisfied that the marriage had irretrievably broken down, there was no collusion or condonation, and thus the legal requirements for divorce under the Marriage Act were met. Accordingly, the court granted a decree nisi for dissolution of the marriage, to be made absolute after thirty days.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage celebrated between the petitioner and respondent on 10th July 1999 is hereby dissolved.
- Decree nisi shall issue forthwith and may be made absolute after thirty (30) days.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
DIVORCE CAUSE NO. 149 OF 2013
BETWEEN
C N M……….....…….…..PETITIONER
AND
L G S….………………RESPONDENT
JUDGEMENT
Marriage was celebrated between the parties herein on 10th July 1999 at the Rusty Nail Restaurant, Karen, Nairobi, under the Marriage Act, Cap. 150, Laws of Kenya. The marriage certificate issued serial number [particulars withheld] is attached to the petition. The couple thereafter cohabited at Karen in Nairobi, Kenya, as husband and wife. The couple was not blessed with issue.
The petition in this matter was filed in court on 30th July 2013. The petitioner accuses the respondent of adultery, cruelty and desertion. The particulars being that the respondent had been having love affairs with other women, identified as L and F N, affairs that he confessed to when confronted by the petitioner. The relations with these two have since ended but the respondent lives alone now in another illicit relationship after he left the matrimonial home unceremoniously on 18th October 2007.
The petition was served on the respondent on 28th August 2013, as evident from the affidavit of service sworn on 28th August 2013 by Jane Abwoga Rodis. He did not enter appearance nor file an answer to the petition nor a cross-petition. On 17th October 2013 the matter was cleared by the registrar to proceed for hearing as an undefended cause.
As there is no reply to the petition, the petitioner’s allegations, as made in the petition, remain uncontroverted.
The petitioner testified on 20th March 2014 and gave vent to the allegations made in her petition. No counter evidence was given by the respondent, and therefore the petitioner’s story was not controverted.
It would appear to me that the marriage between the parties herein has irretrievably broken down. It would also appear to me that there has been no collusion between the petitioner and the respondent in the bringing of these proceedings. There is also no evidence that the petitioner has condoned the desertion.
The orders that I am disposed to make are as follows:-
That I hereby dissolve the marriage celebrated between the petitioner and respondent on 10th July 1999;
Decreenisi shall issue forthwith, and may be made absolute after thirty (30) days.
There will be no orders as to costs.
SIGNED DATED and DELIVERED in open court this 30th day of May 2014.
W. MUSYOKA
JUDGE
In the presence of Mr. Ochieng advocate for the petitioner.