[2013] KEHC 1909 (KLR)
The court found that the petitioner had adduced sufficient evidence to prove, on a balance of probabilities, that the respondent had committed the matrimonial offence of cruelty. The respondent was verbally abusive, disrespectful, and neglected the petitioner, leading to repeated separations and a final separation...
Source-derived case information.
- Citation
- [2013] KEHC 1909 (KLR)
- Parties
- Petitioner: J N K; Respondent: P M N
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause Cause16 of 2011
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- LK Kimaru
- Legal Topics
- Divorce, Matrimonial Offences, Cruelty, Custody of Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J N K
Petitioner
P M N
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the petitioner proved the matrimonial offence of cruelty against the respondent to the required standard.
- 2 Whether the marriage between the petitioner and respondent has irretrievably broken down.
Ratio Decidendi
The court found that the petitioner had adduced sufficient evidence to prove, on a balance of probabilities, that the respondent had committed the matrimonial offence of cruelty. The respondent was verbally abusive, disrespectful, and neglected the petitioner, leading to repeated separations and a final separation in 2009. The court was satisfied that the marriage had irretrievably broken down with no possibility of salvage. As the respondent did not contest the petition, the evidence was uncontroverted. The court therefore granted the petition for divorce and issued a decree nisi dissolving the marriage, to be made absolute after thirty days.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage between the petitioner and respondent solemnized on 18th May 1990 is dissolved.
- A decree nisi dissolving the marriage is issued, to be made absolute thirty days from the date of judgment.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
DIVORCE CAUSE NO.16 OF 2011
J N K……………..……….……………………......…………………….PETITIONER
VERSUS
P M N…………………………..…………………………...................RESPONDENT
J U D G M E N T
The Petitioner and the Respondent were married on 18th May 1990 at the Registrar’s Office in Nairobi. The marriage was celebrated under the Marriage Act. The marriage has been blessed with six (6) children, all adults save for the last born. According to the Petitioner, the marriage has not been a happy one. He accuses the Respondent of committing the matrimonial offence of cruelty. In particular, he averred that the Respondent had been verbally abusive and had insulted him in the presence of their children. He complained that the Respondent had been disrespectful to him and had neglected him. He accused the Respondent of constantly provoking quarrels and thereby caused him to suffer mental anguish and anxiety. For the above reasons, the Petitioner is of the view that his marriage to the Respondent had irretrievably broken down with no possibility of salvage. The Petitioner urged the court to grant his petition for divorce and make a further order directing the Respondent to have custody and care of the minor child of the marriage.
The Respondent was served with the petition for divorce. She did not enter appearance. Neither did she file any papers in opposition to the petition for divorce. The Deputy Registrar of this court issued a certificate certifying this cause as suitable to be heard as an undefended divorce cause. The Petitioner testified during the hearing of the divorce cause. He basically reiterated the contents of the petition for divorce. He stated that over the years their marital relationship had deteriorated resulting in Petitioner and the Respondent on several occasions being separated. The final straw came in 2009 when they separated for the final time. The Petitioner and the Respondent have since lived separately. This court was satisfied from the evidence adduced by the Petitioner that indeed his marriage to the Respondent had irretrievably broken down with no possibility of salvage. It was clear from the testimony of the Petitioner that the Respondent no longer showed the Petitioner the respect as her husband. She was abusive. She humiliated the Petitioner before their children. She neglected the Petitioner resulting in the final separation in 2009. This court is of the opinion that the Petitioner has made a case, which proved to the required standard of proof on a balance of probabilities, the matrimonial offence of cruelty.
In the premises therefore, the marriage between the Petitioner and the Respondent which was solemnized on 18th May 1990 at the Registrar’s Office Nairobi is hereby dissolved. Decree nisi dissolving the said marriage is hereby issued. The decree nisi shall be made absolute thirty (30) days from the date of this judgment. There shall be no orders as to costs. It is so ordered.
DATED AT NAIROBI THIS 8th DAY OF OCTOBER, 2013
L. KIMARU
JUDGE