[2014] KEHC 2674 (KLR)
The court found that the respondent had deserted the petitioner for over three years and that the allegations of cruelty and desertion were uncontroverted, as the respondent failed to respond or appear. The evidence established that the marriage had irretrievably broken down, with no collusion or condonation...
Source-derived case information.
- Citation
- [2014] KEHC 2674 (KLR)
- Parties
- Applicant: L A N; Respondent: G V K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 56 of 2014
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Legal Topics
- Divorce, Cruelty, Desertion, Irretrievable Breakdown, Matrimonial Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
L A N
Applicant
G V 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 deserted the petitioner for a continuous period of at least three years.
- 3 Whether the marriage has irretrievably broken down.
Ratio Decidendi
The court found that the respondent had deserted the petitioner for over three years and that the allegations of cruelty and desertion were uncontroverted, as the respondent failed to respond or appear. The evidence established that the marriage had irretrievably broken down, with no collusion or condonation present. Accordingly, the court held that the petitioner had proved the grounds for dissolution of marriage as required by law and granted the orders sought.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage celebrated between the petitioner and respondent is hereby dissolved.
- Decree nisi shall issue forthwith and shall 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. 56 OF 2014
BETWEEN
L A N…….…………………...…..PETITIONER
AND
G V K…………..……..RESPONDENT
JUDGMENT
Marriage was celebrated between the parties herein on 19thFebruary 1985 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 in Nairobi, Kenya, as husband and wife. The couple was blessed with issue.
The petition in this matter was filed in court on 13th March 2014. The petitioner accuses the respondent of cruelty and desertion the particulars of cruelty being that the respondent is a person of ungovernable temper, who has engaged the petitioner in rows and quarrels, and who batters the petitioner. He is said to have deserted the matrimonial home in 2001 never to come back.
On 29th May 2014 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 26th 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. Desertion is proved as the respondent deserted the petitioner for over three years.
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 desertion.
I am disposed to make the following orders: -
That I hereby dissolve the marriage celebrated between the petitioner and respondent on 23rd August 2005;
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 26th DAY OF September 2014.
W MUSYOKA
JUDGE
In the presence of Lily Ayako the petitioner.