[2015] KEHC 7758 (KLR)
The court found that the marriage had irretrievably broken down due to the respondent's drunken and abusive behaviour, emotional cruelty towards the petitioner and children, and failure to invest in the marriage. The petitioner's efforts to salvage the marriage were unreciprocated, and the respondent did not contest...
Source-derived case information.
- Citation
- [2015] KEHC 7758 (KLR)
- Parties
- Applicant: L.V.W; Respondent: J.S.O
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 220 of 2014
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition granted; marriage dissolved
- Judges
- AO Muchelule
- Legal Topics
- Divorce, Cruelty, Irretrievable Breakdown, Custody and Care, Matrimonial Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
L.V.W
Applicant
J.S.O
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent has irretrievably broken down due to cruelty.
- 2 Whether the respondent's conduct amounts to cruelty justifying dissolution of marriage.
- 3 Whether the petitioner is entitled to dissolution of marriage and costs.
Ratio Decidendi
The court found that the marriage had irretrievably broken down due to the respondent's drunken and abusive behaviour, emotional cruelty towards the petitioner and children, and failure to invest in the marriage. The petitioner's efforts to salvage the marriage were unreciprocated, and the respondent did not contest the dissolution. The court concluded that the legal threshold for cruelty and irretrievable breakdown under the Marriage Act had been met, warranting dissolution of the marriage.
Court Disposition
petition granted; marriage dissolved
Orders
- The marriage between the petitioner and respondent is hereby dissolved.
- Decree Nisi shall issue immediately and become absolute after 30 days.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CAUSE NO. 220 OF 2014
L.V.W...........................................................................PETITIONER
VERSUS
J.S.O........................................................................RESPONDENT
JUDGMENT
1. The petitioner and the respondent are Kenyan citizens who got married on 25th February 2012 at a ceremony conducted by the Registrar of Marriages at Meriada Restaurant in Nairobi. They cohabited as husband and wife in Nairobi and were blessed with two children who were born prior to the marriage being solemnized. The parties have been living separately due to the nature of the respondent's work which has seen him posted in various countries, and is currently based in Addis Ababa, Ethiopia. The petitioner stays with their children in Nairobi.
2. The petitioner filed this petition on 13th November 2014 seeking the dissolution of the marriage on the ground of extreme cruelty. She stated in her oral evidence that their marriage had broken down irretrievably due to the respondent's cruelty. The respondent was said to have a drinking problem and has been to rehabilitation centres more than three times. His character changes when drunk and becomes verbally and emotionally abusive and has even tried to hit her while drunk. Furthermore, his drinking problem has made him incapable of taking care of the financial needs of the family which has caused her a lot of financial instability and stress. She stated that their children are scared of his drunken behaviour, as he breaks things and shouts when drunk. Lastly, that the respondent has not been able to offer her conjugal rights due to his alcohol addiction. This behaviour made her move out with their children from the matrimonial home in June 2014. In effort to salvage the marriage, the petitioner sought the help of an alcohol addiction specialist as well as marriage counsellor but these have yielded no fruits due to the respondent's lack of commitment in attending the sessions. Family efforts to reconcile them have also been futile. It is for these reasons that she prayed that the marriage be dissolved.
3. Though the respondent entered appearance, he did not file an answer to the said petition but instead gave his oral testimony in court. He testified that he did not contest the petition as their marriage had broken down beyond repair and that, after thinking long and hard, he would grant the petitioner the happiness she desires. He said nothing about his said drunken behaviour, although he denied that he was either abusive or neglectful.
4. Both parties agree that this marriage has broken down beyond repair. I find that the marriage has not worked owing to the respondent’s drunken and abusive behaviour, and the fact that he has done little to invest in it. The petitioner has on the other hand tried hard to salvage it but has received no cooperation from the respondent. This is why I accept that the respondent has been emotionally cruel to both the petitioner and the children. The fact that he has not been able to offer conjugal rights to the petitioner is further evidence of that cruelty.
5. I grant the petition with costs. The marriage between the petitioner and the respondent is hereby dissolved. Decree Nisi shall issue immediately, and shall become absolute after 30 days.
DATEDandDELIVEREDthis17thday ofSeptember 2015
A.O. MUCHELULE
JUDGE