[2010] KEHC 1064 (KLR)
The court found that the marriage between the petitioner and the respondent had irretrievably broken down due to the parties living in different countries, lack of cohabitation, absence of communication, and failure by the respondent to provide material and financial support. The court concluded that there was no...
Source-derived case information.
- Citation
- [2010] KEHC 1064 (KLR)
- Parties
- Petitioner: D.T.H; Respondent: G.M.F
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 115 of 2009
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- LK Kimaru
- Legal Topics
- Divorce, Irretrievable Breakdown of Marriage, Non Cohabitation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
D.T.H
Petitioner
G.M.F
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 is entitled to a decree of divorce based on non-cohabitation and lack of communication.
Ratio Decidendi
The court found that the marriage between the petitioner and the respondent had irretrievably broken down due to the parties living in different countries, lack of cohabitation, absence of communication, and failure by the respondent to provide material and financial support. The court concluded that there was no possibility of salvaging the marriage and that the petitioner had established sufficient grounds for the dissolution of the marriage under the Marriage Act.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage celebrated between the petitioner and the respondent on 16th November 2007 is hereby annulled.
- Decree nisi is issued dissolving the said marriage.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLICOFKENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
DIVORCE CAUSE NO.115 OF 2009
D.T.H……………………………….……….………………..…...…………………………..PETITIONER
VERSUS
G. M. F……………......................................…………………………...............……………RESPONDENT
J U D G M E N T
The petitioner and the respondent were on 16th November 2007 married under the Marriage Act. They were married at Lavington estate in Nairobi. The couple has not been blessed with any issues. At the time the petitioner and the respondent were married, they were domiciled in different countries. The petitioner is a resident of Kenya whilst the respondent is a resident of Washington DC, United States of America. According to the petitioner, after the celebration of the said marriage, the respondent went back to the United States of America. Since then, the respondent and the petitioner have met twice for short periods of time. The petitioner avers that since going back to the United States of America, the respondent has cut off communication to the petitioner. The petitioner states that the respondent denied her access to his house and even went further to demand that the petitioner return the car that he had given to the petitioner. The petitioner averred that the respondent had failed to materially and financially support her hence her decision to petition the court for divorce. The respondent was served by substituted service. He did not enter appearance. The petition for divorce is therefore unopposed.
During the hearing of the petition for divorce, this court heard the oral evidence adduced by the petitioner. She basically reiterated the contents of her petition for divorce. It was clear from the said evidence that the marriage between the petitioner and the respondent took a wrong trajectory from the time it was celebrated. The petitioner and the respondent have not had an opportunity to live together as husband and wife for a considerable period of time. It is apparent that the fact that the petitioner and the respondent lived in two countries separated by a considerable distance eventually took its toll on the nascent marriage. The fact that the petitioner and the respondent were living in two different continents affected their capacity to effectively communicate. It was evident to the court that the marriage between the petitioner and the respondent had irretrievably broken down with no possibility of salvage.
In the premises therefore, the marriage celebrated between the petitioner and the respondent on 16th November 2007 is hereby annulled. Decree nisi is hereby issued dissolving the said marriage. The decree nisi shall be made absolute within thirty (30) days of the date of this judgment. There shall be orders as to costs.
DATED ATNAIROBITHIS 26TH DAY OF NOVEMBER, 2010
L. KIMARU
JUDGE