[2014] KEHC 2794 (KLR)
The court found that the petitioner’s allegations of cruelty were uncontroverted, as the respondent neither filed a reply nor gave evidence. The petitioner’s testimony was accepted as truthful and sufficient to prove cruelty. The court was satisfied that the marriage had irretrievably broken down, there was no...
Source-derived case information.
- Citation
- [2014] KEHC 2794 (KLR)
- Parties
- Petitioner: L K W; Respondent: G N K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 1 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
L K W
Petitioner
G N K
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 marriage has irretrievably broken down and should be dissolved.
Ratio Decidendi
The court found that the petitioner’s allegations of cruelty were uncontroverted, as the respondent neither filed a reply nor gave evidence. The petitioner’s testimony was accepted as truthful and sufficient to prove cruelty. The court was satisfied that the marriage had irretrievably broken down, there was no collusion between the parties, and the petitioner had not condoned the cruelty. Consequently, the legal requirements for dissolution of marriage were met, and the court ordered the marriage dissolved.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage celebrated between the petitioner and respondent on 19th March 2008 is hereby dissolved.
- A decree nisi shall issue forthwith and shall be made absolute after thirty (30) days.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
DIVORCE CAUSE NO. 1 OF 2013
BETWEEN
L K W………………...…..PETITIONER
AND
G N K……………….……..RESPONDENT
JUDGEMENT
Marriage was celebrated between the parties herein on 19th March 2008 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 7th January 2013. The petitioner accuses the respondent of cruelty and adultery. The particulars of cruelty are that the respondent is a quarrelsome person, who would go to the petitioner’s place of work and quarrel here in the presence of her colleagues. He is also accused of threatening to visit violence on the respondent. The allegations of adultery are that the respondent worked at places that were far away from the petitioner and indulged in unfaithfulness while working at those places.
On 2nd 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 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. I am satisfied that cruelty was proved.
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.
I am disposed to make the following orders: -
That I hereby dissolve the marriage celebrated between the petitioner and respondent on 19th March 2008;
That I 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