[2014] KEHC 8414 (KLR)
The court found that the petitioner had proved the grounds of cruelty and adultery against the respondent through uncontroverted evidence. The respondent's conduct, including physical abuse, lack of communication, and maintaining an extramarital affair, constituted sufficient grounds for dissolution of the marriage....
Source-derived case information.
- Citation
- [2014] KEHC 8414 (KLR)
- Parties
- Applicant: L A O; Respondent: H O O
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 96 of 2011
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition for dissolution of marriage allowed.
- Judges
- AO Muchelule, DN Musyoka
- Legal Topics
- Dissolution of Marriage, Cruelty, Adultery, Custody and Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
L A O
Applicant
H O O
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 during the subsistence of the marriage.
- 3 Whether the grounds for dissolution of marriage were proved.
Ratio Decidendi
The court found that the petitioner had proved the grounds of cruelty and adultery against the respondent through uncontroverted evidence. The respondent's conduct, including physical abuse, lack of communication, and maintaining an extramarital affair, constituted sufficient grounds for dissolution of the marriage. The court determined that the marriage had irretrievably broken down and could not be salvaged, warranting the grant of a decree nisi for dissolution.
Court Disposition
Petition for dissolution of marriage allowed.
Orders
- The marriage between the petitioner and respondent is dissolved.
- A decree nisi shall issue and become absolute after 30 days.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CAUSE NO. 96 OF 2011
L A O…...................………….PETITIONER
VERSES
H O O.................………......RESPONDENT
JUDGMENT
1. The petitioner L A O and the respondent H O O got married on 1st March 2002 at the office of the Registrar of Marriages, Nairobi. The couple cohabited at Komarock in Nairobi. The marriage was blessed with three children as follows:-
(a) R O O, born on 26th November 1998;
(b) R O O, born on 29th October 2004; and
(c) T A O, born on 16th March 2009
2. The undisputed evidence of the petitioner was that, since the cohabitation of the marriage, the respondent has been cruel to her by refusing to talk, being rude and arrogant, coming home late, and beating her whenever she inquires about this behaviour. She further stated that the respondent has lived an adulterous life, and she saw this from his coming home late, smelling of perfume and also coming with lipstick all over his clothes. He maintained an affair with a Kamba lady called C whom the petitioner talked to and she confirmed that relationship. The couple lived apart for two years and came together. They again went apart and have not stayed together for the last one year. The petitioner filed this petition on 3rd June 2011 seeking the dissolution of the marriage.
3. I find that the grounds of cruelty and adultery have been proved through the evidence of the petitioner. I consequently find that the marriage cannot be salvaged, and hereby order its dissolution. Decree nisi shall issue and the same shall become absolute after 30 days.
4. The respondent shall pay the costs of the petition.
SIGNED at NAIROBI this 23rd July 2014.
A.O. MUCHELULE
JUDGE
DELIVERED at NAIROBI this 24th July 2014.
W. MUSYOKA
JUDGE