[2014] KEHC 3428 (KLR)
The court found that the petitioner’s allegations of cruelty and adultery were uncontroverted due to the respondent’s failure to respond or defend the petition. The evidence presented by the petitioner was accepted as truthful and sufficient to establish that the marriage had irretrievably broken down. There was no...
Source-derived case information.
- Citation
- [2014] KEHC 3428 (KLR)
- Parties
- Petitioner: K M K; Respondent: D M N
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 89 of 2013
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition for divorce allowed; marriage dissolved.
- Judges
- DN Musyoka
- Legal Topics
- Divorce, Cruelty, Adultery, Irretrievable Breakdown, Matrimonial Relations
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
K M K
Petitioner
D M N
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent was guilty of cruelty towards the petitioner.
- 2 Whether the respondent committed adultery as alleged by the petitioner.
- 3 Whether the marriage between the parties has irretrievably broken down.
Ratio Decidendi
The court found that the petitioner’s allegations of cruelty and adultery were uncontroverted due to the respondent’s failure to respond or defend the petition. The evidence presented by the petitioner was accepted as truthful and sufficient to establish that the marriage had irretrievably broken down. There was no evidence of collusion or condonation. Accordingly, the court held that the legal grounds for dissolution of marriage had been met and ordered the marriage dissolved.
Court Disposition
Petition for divorce allowed; marriage dissolved.
Orders
- The marriage celebrated between the petitioner and respondent is hereby dissolved.
- Decree nisi to issue forthwith and may 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. 89 OF 2013
BETWEEN
K M K……………......…….…..PETITIONER
AND
D M N….…...………………RESPONDENT
JUDGEMENT
Marriage was celebrated between the parties herein on 8th June 2002 at the Holy Family Basilica, Nairobi, under the Marriage Act, Cap. 150, Laws of Kenya. The marriage certificate issued serial number [particulars withheld] is attached to the petition. The couple thereafter cohabited as husband and wife at their matrimonial home in Nairobi. The couple was blessed with two issues – K M N, born on 27th August 2001, and G M K N, born on 21st November 2006.
The petition in this matter was filed in court on 8th May 2013. The petitioner accuses the respondent of cruelty and adultery. The particulars of cruelty being that the respondent had treated the petitioner with contempt, used foul language on her, insulting the petitioner to her face, issuing threats, abdicating spousal responsibilities, neglect, abandoning the petitioner at night and going to unknown destinations, among others. The particulars of adultery are that the respondent had admitted to various acts of adultery and that he had an adulterous relationship with a woman called S B, who was not named as a co-respondent.
The petition was served on the respondent on 14th May 2013, as evident from the affidavit of service sworn on 20th May 2013 by Richard Wachira. He did not enter appearance nor file an answer to the petition nor a cross-petition. On 20th June 2013 the matter was cleared by the registrar to proceed for hearing as an undefended cause.
As there is no reply to the petition, the petitioner’s allegations, as made in the petition, remain uncontroverted.
The petitioner testified on 8th 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.
The orders that I am disposed to make are as follows:-
That I hereby dissolve the marriage celebrated between the petitioner and respondent on 6th March 1999;
Decreenisi shall issue forthwith, and may be made absolute after thirty (30) days.
There will be no orders as to costs.
DATED, SIGNED and DELIVERED at NAIROBI this 31st DAY OF July, 2014.
W. MUSYOKA
JUDGE