[2014] KEHC 8416 (KLR)
The court found that the respondent's conduct—abusing, beating, and ejecting the petitioner from the matrimonial home, and withdrawing her visa—constituted cruelty. The absence of any communication since the separation further demonstrated the irretrievable breakdown of the marriage. As the petition was undefended...
Source-derived case information.
- Citation
- [2014] KEHC 8416 (KLR)
- Parties
- Applicant: M A M; Respondent: C P J M M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 35 of 2014
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition allowed; marriage dissolved.
- Judges
- AO Muchelule
- Legal Topics
- Divorce, Cruelty, Matrimonial Breakdown
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
M A M
Applicant
C P J M M
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent was cruel to the petitioner, justifying dissolution of the marriage.
- 2 Whether the petitioner is entitled to a decree of divorce.
Ratio Decidendi
The court found that the respondent's conduct—abusing, beating, and ejecting the petitioner from the matrimonial home, and withdrawing her visa—constituted cruelty. The absence of any communication since the separation further demonstrated the irretrievable breakdown of the marriage. As the petition was undefended and the evidence of cruelty was uncontroverted, the court held that the petitioner had proved her case on a balance of probabilities and was entitled to a decree of divorce.
Court Disposition
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
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CAUSE NO. 35 OF 2014
M A M....................……….…............PETITIONER
VERSUS
C P J M M......................................RESPONDENT
JUDGMENT
1. This petition was not defended as the summons that were served received no response.
2. The petitioner M A M and the respondent C P J M MOL got married on 21st August 2010 at the office of the Registrar of Marriages. The couple moved to live and cohabit in the United Arab Emirates. They have no children of the marriage.
3. The petitioner’s evidence was that the couple lived together until 23rd October 2012 when the respondent threw her out of the matrimonial home and withdrew her housewife visa. This forced her to fly back to Kenya. Since then the couple has not been in any communication.
4. During the period that the couple stayed together, the respondent was abusive, would beat the petitioner and throw her out of the house at night.
5. I find that the respondent was cruel to the petitioner and for this reason I dissolve the marriage between the two. Decree nisi shall issue and the same shall become absolute after 30 days.
DATED and DELIVERED at NAIROBI this 6th August 2014
A.O. MUCHELULE
JUDGE