[2014] KEHC 7302 (KLR)
The court found that the marriage between the petitioner and respondent had irretrievably broken down, as the allegations of cruelty and desertion made by the petitioner were uncontroverted. There was no evidence of collusion or condonation. The court was satisfied that the grounds for dissolution of marriage had...
Source-derived case information.
- Citation
- [2014] KEHC 7302 (KLR)
- Parties
- Petitioner: L M M; Respondent: A C N M N M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 100 of 2008
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition allowed. Marriage dissolved.
- Judges
- DN Musyoka
- Legal Topics
- Divorce, Irretrievable Breakdown of Marriage, Cruelty, Desertion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
L M M
Petitioner
A C N M N M
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent was guilty of cruelty and desertion as alleged by the petitioner.
- 2 Whether the marriage between the parties has irretrievably broken down.
- 3 Whether there was collusion or condonation in the bringing of these proceedings.
Ratio Decidendi
The court found that the marriage between the petitioner and respondent had irretrievably broken down, as the allegations of cruelty and desertion made by the petitioner were uncontroverted. There was no evidence of collusion or condonation. The court was satisfied that the grounds for dissolution of marriage had been established and accordingly decreed the dissolution of the marriage celebrated on 3rd August 1991.
Court Disposition
Petition allowed. Marriage dissolved.
Orders
- The marriage celebrated between the petitioner and respondent on 3rd August 1991 is hereby dissolved.
- Decreenisi shall issue forthwith and shall be made absolute after thirty (30) days.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
DIVORCE CAUSE NO. 100 OF 2008
BETWEEN
L M M……………………………..PETITIONER
AND
A C N M N M.……..RESPONDENT
JUDGEMENT
Marriage was celebrated between the parties herein on 3rd August 1991 at Nairobi Baptist Church at Nairobi. A certificate of marriage serial number [particulars withheld] was issued to them in accordance with the Marriage Act. The couple thereafter took up residence at Nairobi and Kiserian as husband and wife. The couple was blessed with two issues – M M (born 1993) and M M P (born 1995).
The petition in this matter was filed on 1st September 2008. The petitioner accused the respondent of cruelty and desertion. The respondent is alleged to have denied the petitioner of his conjugal rights, deserted the matrimonial home, had liaisons with other men whose company she preferred to that of the petitioner and lying.
The petition was served on the respondent on 23rd September 2008. She entered appearance but did not file answer to the divorce petition. The Deputy Registrar certified the on 26th February 2009 that the matter proceeds for hearing as an undefended cause. As there is no reply, the petitioner’s allegations remain uncontroverted.
The petitioner testified on 5th December 2013. He gave vent to the allegations made in his petition.
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 adultery.
I decree that the marriage celebrated between the petitioner and respondent on 3rd August 1991 is hereby dissolved. Decreenisi shall issue forthwith and shall be made absolute after thirty (30) days. There will be no orders on costs.
DATED, SIGNED and DELIVERED at NAIROBI this31st DAY OF January, 2014.
W. MUSYOKA
JUDGE