[2014] KEHC 6108 (KLR)
The court found that the petitioner had established, through unchallenged evidence, that the respondent was guilty of cruelty by physically assaulting her and of adultery by engaging in an extramarital relationship while the marriage subsisted. The respondent's lack of interest in the proceedings and failure to...
Source-derived case information.
- Citation
- [2014] KEHC 6108 (KLR)
- Parties
- Petitioner: G M; Respondent: F V M
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 36 of 2011
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition for divorce allowed
- Judges
- JV Juma
- Legal Topics
- Divorce, Matrimonial Cruelty, Adultery, Marriage Dissolution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
G M
Petitioner
F V M
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the petitioner has established grounds for dissolution of marriage under Kenyan law.
- 2 Whether acts of cruelty and adultery by the respondent justify granting a divorce.
Ratio Decidendi
The court found that the petitioner had established, through unchallenged evidence, that the respondent was guilty of cruelty by physically assaulting her and of adultery by engaging in an extramarital relationship while the marriage subsisted. The respondent's lack of interest in the proceedings and failure to contest the petition further supported the petitioner's case. The court was satisfied that sufficient legal grounds for dissolution of the marriage had been made out and accordingly allowed the petition for divorce, ordering that a decree nisi be made absolute within three months.
Court Disposition
petition for divorce allowed
Orders
- Decree nisi to be made absolute within three months of the judgment date.
- No order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
DIVORCE CAUSE NO. 36 OF 2011
G M……..…....……..……..….…...PETITIONER
VERSUS
F V M…………….….……....…RESPONDENT
JUDGMENT
This petition dated 13th September, 2011 was filed by the petitioner G M seeking the dissolution of her marriage to the respondent F V M. The respondent was properly served with a copy of the petition but failed either to enter appearance or to file a response thereto. The matter therefore proceeded as an undefended cause.
In her evidence the petitioner told the court that she and the respondent got married at St. Andrews Catholic Church on 16th December, 1995. She has annexed a copy of her marriage certificate serial number [Particulars withheld] as proof of this fact Pexb1. The couple lived in [Particulars withheld] Estate in Nairobi. The couple bore two (2) children together namely
M W– 19 years old
E T – 16 years old
The petitioner told the court that she has known no peace at all since the date of her marriage. At all times during the marriage she was a housewife whilst her husband was in paid employment. The petitioner engaged in casual work to help ends meet. She states that the respondent was a womanizer and would often beat her up. The last straw was when he got intimately involved with a neighbour’s housemaid whom he later married and bore a child with. The petitioner left the matrimonial home in April, 2005 and returned to her home in Mombasa. Her attempt to seek reconciliation through elders and religious leaders has borne no fruit.
The evidence of the petitioner remains unchallenged. The actions of the respondent of assaulting her amounted to cruelty. His action of having a love affair with another woman whilst the marriage subsisted amounted to adultery. It is evident that the respondent has no interest in the relationship. I am satisfied that sufficient grounds have been made out and I do allow this petition for divorce. Decree nisi to be made absolute within three (3) months of today’s date.
No order on costs.
Dated and delivered in Mombasa this 31st day of March, 2014.
M. ODERO
JUDGE
In the presence of:
No appearance by either side