[2014] KEHC 3318 (KLR)
The court found that the petitioner had established, on an uncontested basis, that the respondent had been cruel and committed adultery, and that the marriage had irretrievably broken down. The absence of any response or evidence from the respondent meant that the petitioner's allegations were unchallenged. The...
Source-derived case information.
- Citation
- [2014] KEHC 3318 (KLR)
- Parties
- Petitioner: K J C; Respondent: J K K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 10 of 2013
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- DN Musyoka
- Legal Topics
- Divorce, Cruelty, Adultery, Irretrievable Breakdown, Marriage Dissolution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
K J C
Petitioner
J K K
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent's conduct amounted to cruelty towards the petitioner.
- 2 Whether the respondent committed adultery as alleged by the petitioner.
- 3 Whether the marriage has irretrievably broken down and should be dissolved.
Ratio Decidendi
The court found that the petitioner had established, on an uncontested basis, that the respondent had been cruel and committed adultery, and that the marriage had irretrievably broken down. The absence of any response or evidence from the respondent meant that the petitioner's allegations were unchallenged. The court was satisfied that there was no collusion or condonation and that the legal requirements for dissolution of marriage had been met. Accordingly, the court ordered the dissolution of the marriage and issued a decree nisi to be made absolute after thirty days.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage celebrated between the petitioner and respondent on 4th April 2003 is dissolved.
- Decree nisi shall issue forthwith and shall be made absolute after thirty (30) days.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
DIVORCE CAUSE NO. 10 OF 2013
BETWEEN
K J C…….………..PETITIONER
AND
J K K…………..….RESPONDENT
JUDGEMENT
Marriage was celebrated between the parties herein on 4th April 2003 at the office of the Registrar of Marriages, Nairobi. A certificate of marriage serial number [particulars withheld]was issued to them in accordance with the Marriage Act. The couple thereafter cohabited at various addresses within Nairobi as husband and wife. The couple was blessed with one issue – L E M.
The petition in this matter was filed in court on 21st January 2013. The petitioner accuses the respondent of cruelty and adultery. The particulars of cruelty being that the respondent has assaulted the petitioner physically on several occasions, has directed verbal abuse towards the petitioner, has threatened the petitioner and has neglected the petitioner and their child. She also accuses him of having a sexual relationship with a named woman, who has however not been made a co-respondent, and is said to have committed adultery with several other women known and unknown to the petitioner.
On 16th May 2013 the Deputy Registrar certified that the matter proceeds for hearing as an undefended cause. There is no reply to the petition and therefore the petitioner’s allegations, as made in the petition, remain uncontroverted.
The petitioner testified on 29th May 2014 and gave vent to the allegations made in her petition. No counter evidence was given by the respondent, and therefore the petitioner’s story was not controverted.
It would appear to me that the marriage between the parties herein has irretrievably broken down. It would also appear to me that there has been no collusion between the petitioner and the respondent in the bringing of these proceedings. There is also no evidence that the petitioner has condoned the cruelty alleged in the petition and proved at the hearing.
I am disposed to make the following orders: -
That I hereby dissolve the marriage celebrated between the petitioner and respondent on 4th April 2003;
That decreenisi shall issue forthwith and shall be made absolute after thirty (30) days; and
That there will be no orders as to costs.
DATED, SIGNED and DELIVERED at NAIROBI this 14th DAY OF August, 2014.
W. MUSYOKA
JUDGE
In the presence of ……………………… advocate for the petitioner.