[2015] KEHC 7405 (KLR)
The court found that the marriage between the petitioner and the respondent was not consummated, as alleged by the petitioner and uncontested by the respondent. Under the Matrimonial Causes Act, non-consummation is a valid ground for nullity of marriage. The absence of any response or contestation from the...
Source-derived case information.
- Citation
- [2015] KEHC 7405 (KLR)
- Parties
- Petitioner: M. U. P; Respondent: U. C. P
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 233 of 2014
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage declared null and void
- Judges
- AO Muchelule
- Legal Topics
- Nullity of Marriage, Non Consummation, Matrimonial Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M. U. P
Petitioner
U. C. P
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and the respondent should be declared null and void for lack of consummation.
Ratio Decidendi
The court found that the marriage between the petitioner and the respondent was not consummated, as alleged by the petitioner and uncontested by the respondent. Under the Matrimonial Causes Act, non-consummation is a valid ground for nullity of marriage. The absence of any response or contestation from the respondent further supported the petitioner's case. Consequently, the court declared the marriage null and void and ordered the respondent to bear the costs of the petition.
Court Disposition
petition allowed; marriage declared null and void
Orders
- The marriage between the petitioner and the respondent is declared null and void.
- Costs of the petition shall be borne by the respondent.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CAUSE NUMBER 233 OF 2014
M. U. P............................................................PETITIONER
VERSUS
U. C. P........................................................RESPONDENT
JUDGMENT
1. The petition was served but did not elicit any response.
2. The petitioner and the respondent married on 25th February 2014 and stayed in Kisumu. The petitioner states that the marriage was not consummated. The parties stayed together up to 2nd November 2014 when the petitioner moved out.
3. For lack of consummation, the marriage between the petitioner and the respondent is hereby declared null and void. Costs of the petition shall be borne by the respondent.
DATED and DELIVERED at NAIROBI this 11th day of June 2015
A.O. MUCHELULE
JUDGE