[2014] KEHC 3294 (KLR)
The court found that the petitioner had proved the allegations of cruelty against the respondent, and that the marriage had irretrievably broken down. There was no evidence of collusion or condonation. As the petition was undefended and the respondent did not contest the allegations, the court accepted the...
Source-derived case information.
- Citation
- [2014] KEHC 3294 (KLR)
- Parties
- Applicant: L A N M; Respondent: V N N
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 99 of 2012
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- DN Musyoka
- Legal Topics
- Divorce, Cruelty, Irretrievable Breakdown of Marriage
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
L A N M
Applicant
V N N
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent was guilty of cruelty towards the petitioner.
- 2 Whether the marriage between the parties has irretrievably broken down.
- 3 Whether there was collusion or condonation of cruelty by the petitioner.
Ratio Decidendi
The court found that the petitioner had proved the allegations of cruelty against the respondent, and that the marriage had irretrievably broken down. There was no evidence of collusion or condonation. As the petition was undefended and the respondent did not contest the allegations, the court accepted the petitioner's evidence as uncontroverted. Consequently, the court held that the grounds for dissolution of marriage had been established and granted the orders sought by the petitioner.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage celebrated between the petitioner and respondent on 4th March 2009 is hereby dissolved.
- Decree nisi to issue forthwith and to be made absolute after thirty (30) days.
Full Case Text
Judgment text and source record
20 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI
DIVORCE CAUSE NO. 99 OF 2012
BETWEEN
L A N M…..………..PETITIONER
AND
V N N………..…..RESPONDENT
JUDGMENT
Marriage was celebrated between the parties herein on 4th March 2009 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 Ngumba Estate in Nairobi, Kenya, as husband and wife. The couple was blessed with no issue.
The petition in this matter was filed in court on 13th June 2012. The petitioner accuses the respondent of cruelty. The particulars being that the respondent occasionally verbally and physically assaulted the petitioner, and neglected his duties as husband to the petitioner.
On 27the September 2012 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 5th June 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 March 2009;
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 applicants.