[2019] KEHC 9447 (KLR)
The court found that the petitioner had proved, on a balance of probabilities, that the marriage had irretrievably broken down as the parties had lived apart for four years due to irreconcilable differences. The respondent did not contest the petition or adduce any evidence to the contrary. The court was satisfied...
Source-derived case information.
- Citation
- [2019] KEHC 9447 (KLR)
- Parties
- Petitioner: DCR; Respondent: TV
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 4 of 2018
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- A Ali-Aroni
- Legal Topics
- Dissolution of Marriage, Irretrievable Breakdown, Custody and Children, Matrimonial Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
DCR
Petitioner
TV
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
- 2 Whether the petitioner has proved the grounds for dissolution of marriage on a balance of probabilities.
- 3 Whether costs should be awarded to either party.
Ratio Decidendi
The court found that the petitioner had proved, on a balance of probabilities, that the marriage had irretrievably broken down as the parties had lived apart for four years due to irreconcilable differences. The respondent did not contest the petition or adduce any evidence to the contrary. The court was satisfied that the statutory grounds for dissolution of marriage had been met and granted the orders sought by the petitioner.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage between DCR and TV solemnised on 25th August 1991 is dissolved.
- Decree Nisi to be made absolute within 30 days.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
DIVORCE CAUSE NO. 4 OF 2018
BETWEEN
DCR ................................................................PETITIONER
AND
TV ................................................................RESPONDENT
Judgment
1. DCR (Petitioner) moved this court against TV (Respondent) in a Petition dated 25th July 2018.
2. In the said Petition orders being sought were:
a. Dissolution of the marriage between the two; &
b. That each of the parties bear their own costs.
3. Despite service of the summons to appear and the Petition, the Respondent did not enter an appearance or file a response and the matter having been certified as an undefended cause, proceeded as such on the 24th of January, 2019.
4. The Parties solemnised their marriage on the 25th of August 1991 at West Vancouver, Canada.
During the subsistence of the marriage the parties resided in various places. They came to Kenya in 2013 and both are currently residents in this country.
5. The union between the Petitioner and Respondent was blessed with two children.
LFR-V, born on 9th March, 2008, and
LMR-V, born on 24th May, 2010
6. It is the Petitioner’s case that the marriage between them has irretrievably broken down, the two have lived separately since the 17th of January 2016 and repeated efforts to reconcile the two has failed.
7. Having considered the petition and evidence of the Petitioner on record and in the absence of an answer challenging the evidence adduced, I am of the opinion that since the parties have lived a part for 4 years due to irreconcilable differences. the Petitioner has on a balance of probabilities proved her case.
8. Consequently, the marriage between DCR and TV that was solemnised on the 25th of August 1991 be and is hereby dissolved.
9. The Decree Nisi be made absolute within 30 days.
10. Each party to bear their own costs.
DATED, SIGNEDANDDELIVEREDAT NAIROBI THIS 7TH DAY OF MARCH, 2019.
…………………………………….
ALI-ARONI
JUDGE
In the presence of:
Petitioner ….………………….………………………………………………………………..
Respondent……………………………………………………………………………………..