[2004] KEHC 1825 (KLR)
The court found that both parties had committed adultery and that the petitioner had deserted the matrimonial home soon after the marriage. The evidence established that the marriage had irretrievably broken down, with no marital relationship existing for several years. The court determined that the petitioner was...
Source-derived case information.
- Citation
- [2004] KEHC 1825 (KLR)
- Parties
- Petitioner: Mary Wambui Ngugi; Respondent: Buchli Valentin
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 14 of 2002
- Procedural Posture
- Divorce Petition / Judgment
- Outcome
- Marriage dissolved; decree nisi issued to be made absolute after four weeks.
- Legal Topics
- Divorce, Matrimonial Offences, Adultery, Desertion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Wambui Ngugi
Petitioner
Buchli Valentin
Respondent
Procedural Posture
Divorce Petition / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
- 2 Whether the grounds of adultery and desertion have been established to warrant dissolution of marriage.
- 3 Which party is responsible for the breakdown of the marriage.
Ratio Decidendi
The court found that both parties had committed adultery and that the petitioner had deserted the matrimonial home soon after the marriage. The evidence established that the marriage had irretrievably broken down, with no marital relationship existing for several years. The court determined that the petitioner was primarily responsible for the breakdown due to her desertion and adultery, which led the respondent to also commit adultery. As both parties sought dissolution and neither claimed costs, the court granted a decree nisi to dissolve the marriage, to be made absolute after four weeks.
Court Disposition
Marriage dissolved; decree nisi issued to be made absolute after four weeks.
Orders
- The marriage between the petitioner and respondent is dissolved.
- Decree nisi to issue and to be made absolute after expiration of four weeks from the date of judgment.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT MOMBASADIVORCE CASE NO.14 OF 2002 MARY WAMBUI NGUGI…………………………………PETITIONER V E R S U S BUCHLI VALENTIN……………………………………..RESPONDENT J U D G M E N T
This court has perused the Petition and the Answer with Cross Petition. Both parties cohabited for a short period after marriage in 1998. There is no issue of marriage now surviving. Both parties accuse each other of matrimonial offence namely adultery and desertion. It is clear and I find it proven that there has been desertion for a period of more than 3 years. On admission of parties I find that both parties have committed adultery. Both these matrimonial offences are very serious and are grounds for dissolution of marriage.
I therefore find that the marriage between the Petitioner and the Respondent has broken down completely. In fact for several years no marriage relationship has existed. Each party went out to seek comfort from outsiders. The Respondent has even admitted to have a child with another woman. In the circumstances, their marriage has been in existence only as an empty shell. The evidence shows that the Petitioner is the one who left what was matrimonial home soon after the celebration of the marriage. She does not make any allegation that the Respondent left her or kicked her out of the marital home.
I therefore find that she was the one who committed desertion. She also admits to having committed adultery. I am therefore inclined to find that she is the one guilty of breaking the marriage. She must be the reason that drove the Respondent into adultery.
However, as both parties ask for dissolution of this marriage and as they do not ask for costs from each other, I hereby declare the marriage dissolved and Decree Nissi to issue and to be made absolute after expiration of 4 weeks from to-day.
Dated at Mombasa this 9th day of February, 2004. JOYCE KHAMINWA J U D G E