[2015] KEHC 7054 (KLR)
The court found that the petitioner’s evidence was unchallenged, as the respondent did not defend the petition. The petitioner established that the respondent deserted the matrimonial home in 1999, ceased all communication, and was abusive and violent during the marriage. The court was satisfied that the grounds of...
Source-derived case information.
- Citation
- [2015] KEHC 7054 (KLR)
- Parties
- Applicant: J N C; Respondent: A C K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 201 of 2013
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- AO Muchelule
- Legal Topics
- Divorce, Matrimonial Breakdown, Desertion, Cruelty, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J N C
Applicant
A C K
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent deserted the matrimonial home, thereby justifying dissolution of the marriage.
- 2 Whether the respondent was guilty of cruelty towards the petitioner, warranting divorce.
Ratio Decidendi
The court found that the petitioner’s evidence was unchallenged, as the respondent did not defend the petition. The petitioner established that the respondent deserted the matrimonial home in 1999, ceased all communication, and was abusive and violent during the marriage. The court was satisfied that the grounds of desertion and cruelty had been proved, and that the marriage had irretrievably broken down. Accordingly, the court ordered the dissolution of the marriage and directed that a decree nisi issue, to become absolute after 30 days.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage between the petitioner and the respondent is dissolved on grounds of desertion and cruelty.
- A decree nisi shall issue and 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. 201 OF 2013
J N C.................….......…............PETITIONER
VERSUS
A C K……….........………........RESPONDENT
JUDGMENT
1. The petition was not defended, and therefore the evidence of the petitioner was not rebutted.
2. The petitioner’s testimony was that she begun cohabiting with the respondent on 11th January 1990, and on 9th September 1994 they formally got married at the office of the Registrar of marriages in Nairobi. They lived in Jerusalem in Nairobi until 20th September, 1999 when the respondent deserted the matrimonial home. He ceased any communication with the petitioner and the two children of the marriage T K (born in 1990) and R N (born in 1995). During the nine years that the couple stayed together, the court heard, the respondent was abusive, violent, uncaring and had taken to heavy drinking. She testified that the marriage is beyond repair.
3. On the grounds of desertion and cruelty, I order the dissolution of the marriage between the petitioner and the respondent. Decree nisi shall issue and shall become absolute after 30 days. I note that the petitioner abandoned prayers (b), (c), (d) and (e) of the petition.
DATED and DELIVERED at NAIROBI this27thJanuary, 2015
A.O. MUCHELULE
JUDGE