[2014] KEHC 8400 (KLR)
The court found that the marriage between the petitioner and respondent had irretrievably broken down, as evidenced by the lack of cohabitation and sexual interaction since 2002, and the respondent's subsequent marriage to another woman. The petitioner's evidence was unchallenged, and the court was satisfied that...
Source-derived case information.
- Citation
- [2014] KEHC 8400 (KLR)
- Parties
- Applicant: R N M; Respondent: J R M M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 106 of 2012
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- AO Muchelule
- Legal Topics
- Divorce, Irretrievable Breakdown of Marriage, Customary Marriage, Marriage Act, Decree Nisi
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
R N M
Applicant
J R M 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 petitioner is entitled to a decree of divorce.
Ratio Decidendi
The court found that the marriage between the petitioner and respondent had irretrievably broken down, as evidenced by the lack of cohabitation and sexual interaction since 2002, and the respondent's subsequent marriage to another woman. The petitioner's evidence was unchallenged, and the court was satisfied that the grounds for dissolution under the Marriage Act were met. Accordingly, the court ordered the dissolution of the marriage and issued a decree nisi to become absolute after 30 days.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage between the petitioner and respondent is dissolved.
- Decree nisi to issue immediately and become absolute after 30 days.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CAUSE NO.106 OF 2012
R N M.....................…………PETITIONER
VERSES
J R M M........…...…......RESPONDENT
JUDGMENT
The petitioner R N M and respondent J R M M got married under Kikuyu customary law in 1971. On 11th September 1982 the marriage was solemnised under the Marriage Act (Cap 150). The couple was living at Ruai.
The marriage was blessed with five children.
Since 2002 the couple has not had any sexual interaction. The petitioner states that the respondent got into another relationship, and subsequently married yet another woman and has moved on. The petitioner says she wants to be left alone, hence the petition for divorce.
The marriage between the petitioner and the respondent has irretrievably broken down. The petitioner’s evidence in this regard was not challenged, as no evidence was laid in defence.
Consequently, I order the dissolution of the marriage between the petitioner and the respondent. Decree nisi shall issue immediately and shall become absolute after 30 days. This is a family dispute. Each side shall bear own costs.
DATED and DELIVERED at NAIROBI this 17th July 2014.
A.O. MUCHELULE
JUDGE