[2016] KEHC 7807 (KLR)
The court found that the respondent's conduct amounted to constructive desertion and cruelty, as he refused to cohabit with the petitioner, was abusive, unfaithful, and blocked all communication. The petitioner's evidence was unchallenged due to the respondent's failure to respond. The court concluded that the...
Source-derived case information.
- Citation
- [2016] KEHC 7807 (KLR)
- Parties
- Petitioner: D.M; Respondent: J.N
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 81 of 2015
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- AO Muchelule, DN Musyoka
- Legal Topics
- Divorce, Constructive Desertion, Adultery, Cruelty, Dissolution of Marriage
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
D.M
Petitioner
J.N
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent was guilty of constructive desertion and cruelty towards the petitioner.
- 2 Whether the marriage should be dissolved on grounds of adultery, cruelty, and constructive desertion.
Ratio Decidendi
The court found that the respondent's conduct amounted to constructive desertion and cruelty, as he refused to cohabit with the petitioner, was abusive, unfaithful, and blocked all communication. The petitioner's evidence was unchallenged due to the respondent's failure to respond. The court concluded that the marriage had irretrievably broken down and could not be salvaged. Accordingly, the court allowed the petition and ordered the dissolution of the marriage.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage between the petitioner and respondent is dissolved.
- Decree Nisi shall issue and become absolute after 30 days.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CAUSE NO. 81 OF 2015
D.M........................................................................PETITIONER
VERSUS
J.N.........................................................................RESPONDENT
JUDGMENT
The petitioner and the respondent are Kenyan citizens who reside and work in Dubai. They got married at Kitengela in Kenya on 11th May 2012 under the now repealed Marriage Act (Cap 150). The respondent returned to Dubai after three days, promising the petitioner that she would follow him after a month. He did not enable her. She followed him there after one year and found he was staying in a hotel with four other men. She stayed there for a week but the place was not conducive. She went to stay in a ladies hostel. She was on one month visa. The respondent was unreceptive and abusive. She returned to Kenya and renewed her visa as she had got a job in Dubai. She went back to Dubai. The respondent refused to stay with her, or get her a place to stay. Even when she offered her salary as a way of providing for their upkeep, he was not interested. Whenever they had sexual interactions he insisted on her using family planning pills. He said he did not want children, and neither did he want her to be the mother of his children. She tried the assistance of their parents, pastor and best couple but the respondent could not change. He was unfaithful. Lastly, he blocked all communication between them. He blocked her telephone line. The marriage had no children.
These are the reasons that caused the petitioner to file this petition for divorce on 13th May 2015. It was grounded on constructive desertion, adultery and cruelty. The petition was served but did not elicit any response. The evidence of the petitioner was therefore not controverted.
I accept the petitioner’s evidence, and find that the respondent was guilty of constructive desertion and that his conduct to the petitioner was cruel. I allow the petition as the marriage cannot be salvaged, because the respondent was not at all interested in it. The marriage is hereby dissolved. Decree Nisi shall issue and shall become absolute after 30 days. Costs shall follow the event.
DATED and SIGNEDatNAIROBIthis 8th day of June, 2016.
A.O. MUCHELULE
JUDGE
DATED and DELIVEREDatNAIROBIthis 9TH June, 2016.
W. MUSYOKA
JUDGE