[2014] KEHC 7296 (KLR)
The court found that the petitioner’s allegations of adultery by the respondent were uncontroverted, as the respondent failed to appear or file a response. The evidence presented by the petitioner was accepted as sufficient proof that the marriage had irretrievably broken down. The court was satisfied that there was...
Source-derived case information.
- Citation
- [2014] KEHC 7296 (KLR)
- Parties
- Applicant: N J D; Respondent: P M K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 180 of 2012
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- DN Musyoka
- Legal Topics
- Dissolution of Marriage, Adultery, Irretrievable Breakdown, Undefended Petition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
N J D
Applicant
P M K
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent committed adultery as alleged by the petitioner.
- 2 Whether the marriage has irretrievably broken down and should be dissolved.
- 3 Whether there was collusion between the parties in bringing the proceedings.
Ratio Decidendi
The court found that the petitioner’s allegations of adultery by the respondent were uncontroverted, as the respondent failed to appear or file a response. The evidence presented by the petitioner was accepted as sufficient proof that the marriage had irretrievably broken down. The court was satisfied that there was no collusion between the parties in bringing the proceedings. Accordingly, the court decreed that the marriage celebrated on 11th January 2005 be dissolved, with a decree nisi to issue forthwith and to be made absolute after thirty days.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage celebrated between the petitioner and respondent on 11th January 2005 is dissolved.
- Decree nisi to issue forthwith and to be made absolute after thirty days.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
DIVORCE CAUSE NO. 180 OF 2012
BETWEEN
N J D………………………………...........PETITIONER
AND
P M K…..……………………….……..RESPONDENT
JUDGEMENT
Marriage was celebrated between the parties herein on 11th January 2005 at the Office of Registrar of Marriage at Nairobi. A certificate of marriage serial number [particulars withheld] was issued to them in accordance with the Marriage Act. The couple thereafter took up residence at a place called Gatheri along the Nanyuki-Nairobi road as husband and wife. The couple was not blessed with issue.
The petition in this matter was filed on 3rd October 2012. The petitioner accused the respondent of adultery. The respondent is alleged to have committed adultery with two persons who are named in the particulars, but who have not been made parties to the proceedings. As a result of the alleged adultery cohabitation ceased in June 2011.
The petition was served on the respondent on 16th October 2012. He did not appear nor file answer to the divorce petition. The Deputy Registrar certified on 6th December 2012 that the matter proceeds for hearing as an undefended cause. The petitioner testified on 6th June 2013 and gave voice to her allegations made in the petition. As there is no reply, the petitioner’s allegations remain uncontroverted.
It would appear to me that the marriage between the parties herein has irretrievably broken down. It would also appear to me that there has been no collusion between the petitioner and the respondent in the bringing of these proceedings.
I decree that the marriage celebrated between the petitioner and respondent on 11th January 2005 be dissolved. Decreenisi shall issue forthwith and shall be made absolute after thirty (30) days. There will be no orders on costs.
DATED, SIGNED and DELIVERED at NAIROBI this31st DAY OF January, 2014.
W. MUSYOKA
JUDGE