[2014] KEHC 2020 (KLR)
The court found that both parties were at fault: the petitioner was guilty of desertion and the respondent was guilty of cruelty. The evidence of cruelty by the respondent and desertion by the petitioner was unchallenged. Given the mutual allegations and the fact that the parties had not cohabited or had a conjugal...
Source-derived case information.
- Citation
- [2014] KEHC 2020 (KLR)
- Parties
- Petitioner: L W G; Respondent: J K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 16 of 2012
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition and cross-petition allowed; marriage dissolved
- Judges
- AO Muchelule
- Legal Topics
- Divorce, Cruelty, Desertion, Irretrievable Breakdown, Custody, Matrimonial Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
L W G
Petitioner
J K
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the petitioner proved cruelty by the respondent.
- 2 Whether the respondent proved desertion by the petitioner.
- 3 Whether the marriage has irretrievably broken down.
Ratio Decidendi
The court found that both parties were at fault: the petitioner was guilty of desertion and the respondent was guilty of cruelty. The evidence of cruelty by the respondent and desertion by the petitioner was unchallenged. Given the mutual allegations and the fact that the parties had not cohabited or had a conjugal relationship since March 2010, the court concluded that the marriage had irretrievably broken down. As a result, the court ordered the dissolution of the marriage, issuing a decree nisi to become absolute after 30 days, with each party bearing their own costs.
Court Disposition
petition and cross-petition allowed; marriage dissolved
Orders
- The marriage between the petitioner and respondent is dissolved.
- Decree nisi to issue and become absolute after 30 days.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBIMILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CAUSE NO. 16 OF 2012
L W G............................................................PETITIONER
VERSUS
J K.............................................................RESPONDENT
JUDGMENT
1. The petitioner and the respondent got married on 9th January 2009 at the District Commissioner’s Office at Kiambu West and thereafter lived together at Kikuyu. The marriage was blessed with one child, S N.
2. On 7th February 2012, the petitioner filed the petition seeking divorce on grounds of cruelty, adultery and desertion.
3. On 31st August 2012 the respondent filed answer to the petition and cross petitioned for divorce on ground of desertion.
4. Both the petitioner and the respondent pleaded that the marriage has irretrievably broken down.
5. The petitioner and the respondent each testified to say that they last stayed together in March 2010. They have had no conjugal relationship since that time.
6. The petitioner stated that during the time they lived together, the respondent was brutal. He would beat her, drink excessively and abuse her. This aspect of her evidence was not challenged. On the other hand, the respondent stated that it was the petitioner who deserted him by leaving the matrimonial home, never to return. While she was away, she changed the name of the child. She also went to Teachers Service Commission headquarters, her employer, and changed her name and her status to single. The evidence was not challenged.
7. I find that the petitioner is guilty of desertion and the respondent is guilty of cruelty. I find that, owing to the conduct of the couple, the marriage has irretrievably broken down.
8. Consequently, I order the dissolution of the marriage. Decree nisi shall issue and shall become absolute after 30 days. Each party shall pay own costs of the Cause.
DATED and DELIVERED at NAIROBI this 1st October 2014
A.O. MUCHELULE
JUDGE