[2015] KEHC 7576 (KLR)
The court found that the petitioner had proved the grounds of adultery and cruelty against the respondent through unchallenged evidence. The court was satisfied that the marriage had irretrievably broken down, as the parties had not cohabited for approximately 25 years and the respondent's conduct demonstrated a...
Source-derived case information.
- Citation
- [2015] KEHC 7576 (KLR)
- Parties
- Petitioner: D. M.; Respondent: J. A. M.
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 113 of 2005
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- AO Muchelule
- Legal Topics
- Divorce, Adultery, Cruelty, Irretrievable Breakdown, Marriage Dissolution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
D. M.
Petitioner
J. A. M.
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent committed adultery during the subsistence of the marriage.
- 2 Whether the respondent was cruel to the petitioner.
- 3 Whether the marriage has irretrievably broken down and should be dissolved.
Ratio Decidendi
The court found that the petitioner had proved the grounds of adultery and cruelty against the respondent through unchallenged evidence. The court was satisfied that the marriage had irretrievably broken down, as the parties had not cohabited for approximately 25 years and the respondent's conduct demonstrated a lack of love and emotional support. The legal threshold for dissolution of marriage under the Marriage Act was met, and the court 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 become absolute after 30 days.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CAUSE NO. 113 OF 2005
D. M. ...........................................................................PETITIONER
VERSUS
J. A. M........................................................................RESPONDENT
JUDGMENT
The petitioner and the respondent are Kenyan citizens who got married on 31st July 1976 at Kenya Airforce, Eastleigh in Nairobi under the Marriage Act (Cap. 150). They cohabited as husband and wife at various places in Kenya and the United States of America. The marriage was blessed with four children, all of whom are adults. The petitioner is a retired Kenya Airforce officer while the respondent is a business lady in Nairobi.
The petitioner filed this petition on 24th August 2005 and amended it on 15th December 2014 seeking the dissolution of the marriage on grounds of adultery, cruelty and wilful neglect. The petition was served but did not elicit any response. Consequently, the petitioner’s evidence was not challenged.
The petitioner’s evidence was that the couple stopped living together and cohabiting in 1990. That is about 25 years. He stated that in 1990 the respondent variously slept with one W M, and between 1980 and 1985 she variously slept with one A G. During these periods, the respondent showed no love or emotion to the petitioner. She directed insults and unkind words towards the petitioner, who felt unwanted and unloved as a result. She denied him conjugal rights and intimacy. It was the evidence of the petitioner that the marriage between them has irretrievably broken down.
On this evidence, I find the grounds of cruelty and adultery proved against the respondent. The marriage between the two has broken down beyond repair. I order the dissolution of the marriage. Decree Nisi shall issue and shall become absolute after 30 days. The petitioner did not want costs of the petition.
DATED and DELIVERED at NAIROBI this 2nd July 2015.
A.O. MUCHELULE
JUDGE