[2018] KEHC 8982 (KLR)
The court found that the petitioner had established, on a balance of probabilities, that the respondent committed adultery by conceiving and delivering a child with another man during the subsistence of the marriage. The respondent failed to attend court or contest the petitioner's evidence. The court accepted the...
Source-derived case information.
- Citation
- [2018] KEHC 8982 (KLR)
- Parties
- Petitioner: J K K; Respondent: L N K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 58 of 2013
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition allowed; marriage dissolved on ground of adultery; cross-petition dismissed.
- Judges
- AO Muchelule
- Legal Topics
- Dissolution of Marriage, Adultery, Civil Marriage, Cross Petition, Decree Nisi, Decree Absolute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J K K
Petitioner
L N 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 is entitled to dissolution of the marriage on the ground of adultery.
- 3 Whether the cross-petition by the respondent should be dismissed.
Ratio Decidendi
The court found that the petitioner had established, on a balance of probabilities, that the respondent committed adultery by conceiving and delivering a child with another man during the subsistence of the marriage. The respondent failed to attend court or contest the petitioner's evidence. The court accepted the petitioner's testimony as credible and unchallenged. Accordingly, the court held that the ground of adultery had been proved and granted the dissolution of the marriage. The court further ordered that a decree nisi and absolute issue immediately, considering the petitioner's residence in the United States. The respondent's cross-petition was dismissed for want of prosecution and...
Court Disposition
Petition allowed; marriage dissolved on ground of adultery; cross-petition dismissed.
Orders
- The marriage between the petitioner and respondent is dissolved on the ground of adultery.
- Decree nisi and absolute to issue immediately.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CAUSE NO. 58 OF 2013
J K K.....................................................................PETITIONER
VERSUS
L N K...................................................................RESPONDENT
JUDGMENT
1. This petition was heard today morning. The respondent L N K who had been served failed to attend the hearing. The petitioner J K K testified in support of the petition. His evidence was not controverted.
2. The petitioner informed the court that he is a Professor of Economics at [particulars witheld] University in Maryland in the United States of America. He has taught there for 50 years. On 20th January 2010 he married the respondent in a civil ceremony in Nairobi. It was agreed that the respondent would move from Kenya to join him in the United States of America. He applied for a green card for her. She was invited to the US Embassy in Nairobi for interview. She declined to attend. She was asked to present herself for physical interview. She did not attend. He would come to Kenya every three months to see her. However, she got a baby with another man and moved on. The baby was delivered about 2012. He was in the USA when she conceived and delivered the baby. It is on the basis of adultery that he sought the dissolution of the marriage.
3. I accept the evidence by the petitioner. I find the respondent was guilty of adultery. On the ground of adultery, I dissolve the marriage between the petitioner and the respondent. Decree Nisi and absolute shall issue immediately, as the petitioner resides in the United States of America.
4. The cross-petition shall stand dismissed.
DATED and DELIVERED at NAIROBI this 18TH day of JANUARY 2018
A.O. MUCHELULE
JUDGE