[2016] KEHC 8310 (KLR)
The court found that the marriage between the petitioner and respondent had irretrievably broken down, as evidenced by the uncontroverted testimony of the petitioner regarding cruelty, desertion, and the parties living apart for a considerable period. The respondent did not contest the petition or present any...
Source-derived case information.
- Citation
- [2016] KEHC 8310 (KLR)
- Parties
- Applicant: J I M; Respondent: R W M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 245 of 2014
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- DN Musyoka
- Legal Topics
- Divorce, Irretrievable Breakdown of Marriage, Cruelty, Adultery, Desertion, Matrimonial Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J I M
Applicant
R W M
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
- 2 Whether the grounds of cruelty, adultery, and desertion have been established to warrant dissolution of the marriage.
- 3 Whether the petitioner is entitled to the orders sought.
Ratio Decidendi
The court found that the marriage between the petitioner and respondent had irretrievably broken down, as evidenced by the uncontroverted testimony of the petitioner regarding cruelty, desertion, and the parties living apart for a considerable period. The respondent did not contest the petition or present any evidence to the contrary. The court was satisfied that the grounds for dissolution of marriage had been established and that the petitioner was entitled to the orders sought. Accordingly, the court allowed the petition and ordered the dissolution of the marriage, with a decree nisi to issue forthwith and to be made absolute after thirty days. No order as to costs was made.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage between the petitioner and respondent celebrated on 14th September 2001 is hereby dissolved.
- Decree nisi shall issue forthwith, to be made absolute after thirty (30) days.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
DIVORCE CAUSE NO. 245 OF 2014
J I M……………………………………………PETITIONER
VERSUS
R W M………………………….………………RESPONDENT
JUDGEMENT
1. Marriage was celebrated between the parties herein on 14th September 2001 at the Registrar’s Office at Nairobi A certificate of marriage, serial number [particulars withheld], was duly issued under the Marriage Act, Cap 150, Laws of Kenya (now repealed). The couple was blessed with issue, N W M, born on 4th December 2001, although the respondent brought another child into marriage, born from another relationship, which child the petitioner informally adopted.
2. It is pleaded that the marriage between the parties has irretrievably broken down, and the petitioner has particularised grounds of cruelty upon which he relies to urge the court to dissolve the marriage. The allegations are that the respondent was harsh to him and shouted at him in front of the children, she was argumentative and indifferent and impolite, has denied him conjugal rights, liberally issued threats, pitting the children against the petitioner, leaving the matrimonial home for long periods of time without the petitioner’s permission or without informing him, preventing the children from visiting his parents, among others.
3. The petitioner has also particularised grounds of adultery and desertion. Although it is pleaded that she has had a clandestine relationship, no one has been named as the paramour, and obviously no one has been joined to as a co-respondent with respect to the alleged adultery. The desertion alleged relates to the periods when it is alleged that the respondent leaves home unannounced.
4. The petition was served as evidenced by the affidavit of service on record sworn by Conrad Wekesa on 22nd July 2015. The cause was subsequently cleared and certified by the Deputy Registrar on 30th July 2015 to proceed as undefended. .
5. The matter was heard on 2nd June 2016. The petitioner testified. In his testimony he gave vent to the allegations made in his petition. As the cause was undefended the petitioner’s testimony was not controverted.
6. From the material placed before me it is plain that the marital relationship between the petitioner and the respondent has totally broken down. I have noted from the testimony of the petitioner that the parties having been living apart for quite some time now.
7. In the circumstances, I am moved to make the following final orders:-
(a) That I allow the petition herein dated 22nd December 2014 and decree that the marriage between the petitioner and the respondent, celebrated on 14th September 2001, is hereby dissolved;
(b) That decree nisi shall issue forthwith, to be made absolute after thirty (30) days; and
(c) That there shall be no order as to costs.
DATED, SIGNED and DELIVERED at NAIROBI this 25th DAY OF NOVEMBER, 2016.
W. MUSYOKA
JUDGE