[2012] KEHC 5341 (KLR)
The court found that the Petitioner and 1st Respondent were lawfully married and that the 1st Respondent committed adultery with the 2nd Respondent, which was not denied or contested. The evidence of adultery was accepted as sufficient ground for dissolution of the marriage under Section 8(1)(a) of the Matrimonial...
Source-derived case information.
- Citation
- [2012] KEHC 5341 (KLR)
- Parties
- Applicant: M.N.M.; Respondent: E.S.S.; Respondent: B.A.O.
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 27 of 2011
- Procedural Posture
- Divorce Cause / Final Judgment
- Outcome
- Petition allowed; marriage dissolved; maintenance and ancillary orders granted as specified.
- Judges
- I Lenaola
- Legal Topics
- Divorce, Adultery, Maintenance Orders, Matrimonial Causes, Spousal Support
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
M.N.M.
Applicant
E.S.S.
Respondent
B.A.O.
Respondent
Procedural Posture
Divorce Cause / Final Judgment
Legal Issues
- 1 Whether the 1st Respondent committed adultery with the 2nd Respondent, thereby entitling the Petitioner to a divorce.
- 2 Whether the Petitioner is entitled to maintenance and ancillary reliefs following the dissolution of marriage.
Ratio Decidendi
The court found that the Petitioner and 1st Respondent were lawfully married and that the 1st Respondent committed adultery with the 2nd Respondent, which was not denied or contested. The evidence of adultery was accepted as sufficient ground for dissolution of the marriage under Section 8(1)(a) of the Matrimonial Causes Act. The court further noted that the Respondents' failure to respond or appear left the Petitioner's evidence unchallenged. The court therefore ordered the dissolution of the marriage and issued a decree nisi to be made absolute within thirty days. Maintenance and ancillary orders were made by consent, to last until 31st December 2011, after which both parties would...
Court Disposition
Petition allowed; marriage dissolved; maintenance and ancillary orders granted as specified.
Orders
- Marriage between Petitioner and 1st Respondent dissolved forthwith.
- Decree nisi to issue and be made absolute within thirty (30) days.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
DIVORCE CAUSE NO.27 OF 2011
M. N. M..........................................................................................................PETITIONER
VERSUS
E.S.S.................................................................................................1ST RESPONDENT
B.A.O................................................................................................2ND RESPONDENT
J U D G M E N T
1. By her Petition dated 2nd March 2011, the Petitioner, M.N.M. seeks Orders that her marriage to the 1st Respondent, E.S.S. be dissolved for reasons that in April 2009, the 1st Respondent committed adultery with the 2nd Respondent, B.A.O. and as a result thereof they got a child. Thereafter the Respondents started co-habiting together and the 1st Respondent never returned to his matrimonial home.
2. The Respondents were served but none deemed it fit to respond to the Petition and on the hearing date, none of them appeared and so the evidence tendered by the Petitioner is uncontested.
3. I note that she married the 1st Respondent on 11th April 2007 at the Registrar’s Office in Nairobi and they lived together as husband and wife with no children. The allegations of adultery have not been denied and I see no reason to doubt the Petitioner’s evidence in that regard. Adultery is a ground for divorce under Section 8(1)(a) of the Matrimonial Causes Act, Cap. 152 Laws of Kenya.
4. The above being the case, I will order that the marriage between the Petitioner and 1st Respondent be dissolved forthwith and a decree nisi to issue and to be made absolute within thirty (30) days. Further, it is ordered as follows by consent of the parties recorded on 22nd June 2011 on the issue of maintenances;
i)The 1st Respondent to pay the Petitioner Kshs.50,000/- maintenance per month until 31st December 2011.
ii)The 1st Respondent to pay the Petitioner’s monthly electricity bills until 31st December 2011.
iii)The 1st Respondent to pay the Petitioner’s monthly water bills until 31st December 2011.
iv)The 1st Respondent to pay the house rent and lease of the house where the Petitioner lives in the name of S.N.V until 31st December 2011.
v)The 1st Respondent to pay the gardener at the Petitioner’s residence for two days a week Kshs.500 a day until 31st December 2011.
vi)The 1st Respondent to pay the Petitioner’s house help Kshs.10,000/- per month until 31st December 2011.
viii)The 1st Respondent to pay local medical health insurance policy for the Petitioner at Resolution Health until 31st December 2011.
ix)Both parties shall maintain themselves after 31st December 2011 and waive any further rights against each other and will bear their own costs of this Divorce.
x)That there be liberty to apply on condition that all matters arising out of the issues above will be referred to Mediation in the first instance.
5. Orders accordingly.
DATED, DELIVERED AND SIGNED AT NAIROBI THIS 13TH DAY OF JANUARY, 2012.
CORAM
ISAAC LENAOLA – JUDGE
Miron – Court Clerk
Mr. Onyango for Petitioner
ORDER
Judgment duly read.
ISAACLENAOLA
JUDGE