[2018] KEHC 7343 (KLR)
The court found that the petitioner had established the grounds of cruelty, adultery, and desertion through unchallenged evidence. The respondent did not contest the petition or provide any defense. The court held that the marriage had irretrievably broken down and that the only remedy was dissolution. Accordingly,...
Source-derived case information.
- Citation
- [2018] KEHC 7343 (KLR)
- Parties
- Applicant: L W N; Respondent: G N N
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 6 of 2017
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Legal Topics
- Divorce, Dissolution of Marriage, Adultery, Cruelty, Desertion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
L W N
Applicant
G N N
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the petitioner has established grounds for dissolution of marriage under Kenyan law.
- 2 Whether the evidence of cruelty, adultery, and desertion is sufficient to warrant divorce.
Ratio Decidendi
The court found that the petitioner had established the grounds of cruelty, adultery, and desertion through unchallenged evidence. The respondent did not contest the petition or provide any defense. The court held that the marriage had irretrievably broken down and that the only remedy was dissolution. Accordingly, the petition for divorce was granted and the marriage dissolved.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage between the petitioner and the respondent is dissolved.
- A decree of divorce shall issue accordingly.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MALINDI
DIVORCE CAUSE NO. 6 OF 2017
L W N.................................................PETITIONER
VERSUS
G N N................................................RESONDENT
JUDGEMENT
1. Through the Petition dated 3rd April, 2017 L W N, the Petitioner prays for a dissolution of her marriage to G N N, the Respondent. Her Petition is hinged on the grounds of cruelty, adultery and desertion. The Petition did not receive an answer.
2. The Petitioner testified as PW1 and adopted her witness statement dated 3rd April, 2017 which was filed together with the Petition.
3. The evidence placed before the court is that the Petitioner and the Respondent started cohabiting in Thika in 1988 before getting married under Kikuyu customary law. They were blessed with two issues. The marriage was later converted to a civil marriage through the office of the Registrar of Marriages in Nakuru in 1993.
4. The Petitioner’s evidence can be summarized as persistent infection with sexually transmitted diseases by the Respondent; adultery with various women by the Respondent; denial of conjugal rights by the Respondent; and desertion of the matrimonial home by the Respondent.
5. The evidence adduced by the Petitioner was unchallenged. She thus established her stated grounds of divorce. It is evident that the marriage has irretrievably broken down and the only antidote to the Petitioner’s marital woes is dissolution of her marriage to the Respondent. The Petition succeeds and the marriage between the Petitioner and the Respondent is dissolved. A decree shall issue accordingly. There is no order as to costs.
Dated, signed and delivered at Malindi this 19th day of April, 2018.
W. KORIR,
JUDGE OF THE HIGH COURT