[2014] KEHC 3163 (KLR)
The court found that the Petitioner’s evidence was uncontroverted as the Respondent did not defend the petition. The evidence established that the marriage had irretrievably broken down, as both parties had deserted the marriage since 2008 and reconciliation attempts had failed. The Respondent’s conduct, including...
Source-derived case information.
- Citation
- [2014] KEHC 3163 (KLR)
- Parties
- Petitioner: I P J; Respondent: I M J K
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Judgment Date
- 31 July 2014
- Case Number
- Divorce Cause 2 of 2012
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed
- Judges
- BT Jaden
- Legal Topics
- Dissolution of Marriage, Irretrievable Breakdown, Cruelty, Desertion
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
I P J
Petitioner
I M J K
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 has established grounds for dissolution of marriage under section 8 of the Matrimonial Causes Act.
- 3 Whether the Respondent's conduct amounts to cruelty and desertion.
Ratio Decidendi
The court found that the Petitioner’s evidence was uncontroverted as the Respondent did not defend the petition. The evidence established that the marriage had irretrievably broken down, as both parties had deserted the marriage since 2008 and reconciliation attempts had failed. The Respondent’s conduct, including unexplained financial withdrawals and silent treatment, amounted to cruelty and desertion. The requirements of section 8 of the Matrimonial Causes Act were satisfied, and the court held that no one can be compelled to remain in a marriage against their will. Accordingly, the petition for dissolution of marriage was allowed.
Court Disposition
petition allowed
Orders
- Decree Nisi to issue; to become absolute in six months.
- Marriage between the Petitioner and Respondent is dissolved.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
DIVORCE CAUSE NO. 2 OF 2011
I P J ……………..………..… PETITIONER
VERSUS
I M J K ..……………….… RESPONDENT
J U D G M E N T
The Petitioner, I P J filed this petition on 3/7/2012, against the Respondent, I M J K seeking the following orders:-
The marriage between the Petitioner and the Respondent be dissolved.
The Respondent do pay the costs of this Petition and all incidental costs.
Any further relief that this Honourable Court may deem just and fit to grant in the circumstances.
The Respondent was served but did not enter appearance or file any answer to the Petition.
The Petitioner’s case is that he got married to the Respondent at the Machakos Catholic Church on 14/2/2008. The marriage was not blessed with any issues. The Petitioner was based in the United States of America while the Respondent resided in Machakos. The Petitioner left the Respondent with an ATM card for withdrawing money for maintaining herself and her children. However, the Petitioner was not happy with the withdrawals made by the Respondent in the year 2008 which amounted to Kshs.1,260,000/=. According to the Petitioner, that amount was far more than he expected and the Respondent was not willing to disclose how she had spent the money.
That the Respondent thereafter subjected the Petitioner to silent treatment. Efforts made by the Petitioner to seek reconciliation failed. The Petitioner averred that the marriage has irretrievably broken down and prayed that the same be dissolved.
This cause is undefended. The Petitioner’s evidence is therefore uncontroverted. The Petitioner’s evidence reveals cruelty due to what he called silent treatment. Both parties have deserted the marriage institution since the year 2008. That was more than three years prior to the filling of this petition. The Petitioner’s evidence therefore satisfies the requirements set out in section 8 of the Matrimonial Causes Act for dissolution of a marriage. In any event, nobody can be forced to remain in a union which he does not wish to remain in. Consequently, I allow the petition. Decree Nisi to issue and same will become absolute in six months.
………………………………………
B. THURANIRA JADEN
JUDGE
Dated and delivered at Machakos this 31stday of July2014.
………………………………………
B. THURANIRA JADEN
JUDGE