[2013] KEHC 254 (KLR)
The court found that the Petitioner had established, on a balance of probabilities, that the 1st Respondent committed adultery with the 2nd Respondent and that both Respondents were guilty of cruelty towards the Petitioner. The evidence was unchallenged and corroborated by the Petitioner's oral testimony. The court...
Source-derived case information.
- Citation
- [2013] KEHC 254 (KLR)
- Parties
- Petitioner: L. P.; Respondent: A. S. M.; Co Respondent: J. J.
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 5 of 2013
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition allowed. Marriage dissolved.
- Judges
- CW Meoli
- Legal Topics
- Divorce, Adultery, Cruelty, Matrimonial Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
L. P.
Petitioner
A. S. M.
Respondent
J. J.
Co Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the 1st Respondent committed adultery with the 2nd Respondent.
- 2 Whether the Respondents were guilty of cruelty towards the Petitioner.
- 3 Whether the Petitioner is entitled to dissolution of the marriage.
Ratio Decidendi
The court found that the Petitioner had established, on a balance of probabilities, that the 1st Respondent committed adultery with the 2nd Respondent and that both Respondents were guilty of cruelty towards the Petitioner. The evidence was unchallenged and corroborated by the Petitioner's oral testimony. The court concluded that the grounds for dissolution of marriage had been met and granted the prayers sought in the Petition.
Court Disposition
Petition allowed. Marriage dissolved.
Orders
- The marriage between the Petitioner and the 1st Respondent is hereby dissolved.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT MALINDI
DIVORCE CAUSE NO. 5 OF 2013
L. P. ….............................................PETITIONER
VERSUS
A. S. M.........................................RESPONDENT
J. J..........................................CO-RESPONDENT
JUDGMENT
The Petition filed by L. P. proceeded as an undefended cause following certification by the Deputy Registrar under the Matrimonial Causes Rules.
L. P. met the 1st Respondent in 2005. The two became lovers and were married on 21st January, 2008 under the Marriage Act. Thereafter they cohabited as man and wife, spending three years in Italy.
The 1st Respondent was the first to return to Malindi in March, 2011. When the Petitioner followed in August, 2011, she found the 1st Respondent entangled in a love affair with the 2nd Respondent who was pregnant and insisting on living in the couple's rented home. The 2nd Respondent physically assaulted the Petitioner who decided to move out of the home.
The two Respondents continued cohabiting and have done so to date. For these reasons, the Petitioner seeks that the marriage be dissolved.
The Petitioner's case as presented through her pleadings and oral evidence is not challenged. It appears from the evidence that the 1st Respondent entered into an adulterous relationship with the 2nd Respondent upon his return to Kenya in March, 2011.
6. The 2nd Respondent had the temerity to assault the Petitioner in her own home as she asserted her perceived claim as the 1st Respondent's wife.
The couple has since assumed cohabitation following the departure of the Petitioner from the home.
7. I find that the Petitioner has established both adultery and cruelty on the part of the Respondents. I will proceed to grant the prayers sought in the Petition.
Delivered and signed at Malindi this 6th day of November, 2013 in the absence of the parties.
Court clerk – Samwel.
C. W. Meoli
JUDGE