[2015] KEHC 7092 (KLR)
The court found that the petitioner had proved, on a balance of probabilities, that the respondent committed adultery and that he did not condone the act. The respondent did not contest the allegations or provide evidence to the contrary. The court was satisfied that the marriage had broken down irretrievably and...
Source-derived case information.
- Citation
- [2015] KEHC 7092 (KLR)
- Parties
- Petitioner: J J; Respondent: A K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Judgment Date
- 13 February 2015
- Case Number
- Divorce Cause 255 of 2013
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- AO Muchelule
- Legal Topics
- Dissolution of Marriage, Adultery, Irretrievable Breakdown, Decree Nisi
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
J J
Petitioner
A K
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent committed adultery during the subsistence of the marriage.
- 2 Whether the petitioner condoned the alleged adultery.
- 3 Whether the marriage has irretrievably broken down and should be dissolved.
Ratio Decidendi
The court found that the petitioner had proved, on a balance of probabilities, that the respondent committed adultery and that he did not condone the act. The respondent did not contest the allegations or provide evidence to the contrary. The court was satisfied that the marriage had broken down irretrievably and that there was no possibility of reconciliation. Accordingly, the court granted the dissolution of the marriage on the ground of adultery.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage between the petitioner and the respondent is dissolved on the ground of adultery.
- Decree Nisi to issue forthwith and to become absolute after 30 days.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CAUSE NO. 255 OF 2013
J J ...............................................................................PETITIONER
VERSUS
A K ............................................................................ RESPONDENT
JUDGMENT
The petitioner and the respondent got married on 19th February 2010 at the Office of the Registrar in Nairobi and lived as husband and wife at Brookside Drive, Westlands in Nairobi. The marriage has no children. This petition was filed on 3rd December 2013 for the dissolution of the marriage on ground of adultery. The petitioner was represented by M/s Quadros. When it was served, the respondent entered appearance through KINYANJUI KIRIMI & CO. Advocates but no answer was filed. MR KIRIMI attended hearing on behalf of the respondent and was allowed to cross examine the petitioner.
It was not challenged that the parties have lived apart since 3rd September 2011. As to what led to that, the petitioner testified that on 17th August 2011 he found on the respondent’s phone that she was having an affair with a man called S. He confronted her on 3rd September 2011. She confessed to the relationship. He did not condone this affair. Mr Kirimi questioned him on this but I found he was categorical and truthful. I believe his testimony. He went on to state that the marriage has broken down beyond repair.
On the ground of adultery, I dissolve the marriage between the petitioner and the respondent. Decree Nisi shall issue forthwith and shall become absolute after 30 days.
DATED and DELIVERED at NAIROBI this 13th February 2015.
A.O. MUCHELULE
JUDGE