[2015] KEHC 7760 (KLR)
The court found that the marriage between the petitioner and respondent was not consummated, as required by their Hindu custom, because the respondent refused to participate in the customary marriage ceremony in Kenya and left for the UK without informing the petitioner. The respondent's lack of response meant the...
Source-derived case information.
- Citation
- [2015] KEHC 7760 (KLR)
- Parties
- Petitioner: D.S.P.; Respondent: M.H.A.
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 12 of 2015
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage declared a nullity
- Judges
- AO Muchelule
- Legal Topics
- Marriage Nullity, Non Consummation, Customary Marriage Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
D.S.P.
Petitioner
M.H.A.
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent should be declared a nullity due to non-consummation.
- 2 Whether the absence of a customary marriage ceremony under Hindu custom invalidated the marriage.
Ratio Decidendi
The court found that the marriage between the petitioner and respondent was not consummated, as required by their Hindu custom, because the respondent refused to participate in the customary marriage ceremony in Kenya and left for the UK without informing the petitioner. The respondent's lack of response meant the petitioner's evidence was unchallenged. The court accepted the petitioner's evidence and declared the marriage a nullity on the basis of non-consummation and failure to fulfill customary requirements.
Court Disposition
petition allowed; marriage declared a nullity
Orders
- The marriage celebrated on 20th April 2013 between the petitioner and the respondent is declared a nullity.
- No order as to costs.
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. 12 OF 2015
D.S.P................................................PETITIONER
VERSUS
M.H.A.............................................RESPONDENT
JUDGMENT
1. The petitioner D.S.P. is a Kenyan national and the respondent M.H.A. is a British national. They met in Sydney in Australia and began to stay together. On 20th April 2013 they got married. The marriage was solemnized at the West Pennant Hills Community Hall, West Pennant Hills, NSW. The couple tried to stay together but that could not work. They are both Hindu. According to their custom they were supposed to come to Kenya for a customary marriage. Further, the custom forbade them from consummating the marriage until this customary marriage had been done. The respondent refused to come to Kenya and, instead, and without informing the petitioner, went to UK. She ceased to communicate with him and began to have an affair with another man. The petitioner eventually returned to Kenya. He seeks the nullification of the marriage on the basis that the same was not consummated. The petition was filed on 16th January 2015.
2. This petition was served but this did not elicit any response. The petitioner’s evidence was therefore not controverted. I accept the evidence.
3. I declare that the marriage celebrated on 20th April 2013 between the petitioner and the respondent was a nullity. The petitioner was not interested in the costs of the petition. The same will not therefore be granted.
DATEDandDELIVEREDatNAIROBIthis24th September 2015
A.O. MUCHELULE
JUDGE