[2014] KEHC 6488 (KLR)
The court found that the respondent's conduct, as alleged and uncontroverted, amounted to cruelty and neglect, leading to the irretrievable breakdown of the marriage. The absence of a response or evidence from the respondent meant the petitioner's case stood unchallenged. There was no evidence of collusion or...
Source-derived case information.
- Citation
- [2014] KEHC 6488 (KLR)
- Parties
- Petitioner: N M O; Respondent: J M R
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 151 of 2012
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- DN Musyoka
- Legal Topics
- Divorce, Cruelty, Custody of Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
N M O
Petitioner
J M R
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent's conduct amounted to cruelty justifying dissolution of marriage.
- 2 Whether the marriage between the parties had irretrievably broken down.
- 3 Whether there was collusion or condonation affecting the petitioner's claim.
Ratio Decidendi
The court found that the respondent's conduct, as alleged and uncontroverted, amounted to cruelty and neglect, leading to the irretrievable breakdown of the marriage. The absence of a response or evidence from the respondent meant the petitioner's case stood unchallenged. There was no evidence of collusion or condonation. The court was satisfied that the legal grounds for dissolution of marriage were met and that the best interests of the minor child required granting custody to the petitioner.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage celebrated between the petitioner and respondent on 31st March 2002 is dissolved.
- Decreenisi to issue forthwith and to be made absolute after thirty (30) days.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
DIVORCE CAUSE NO. 151 OF 2012
BETWEEN
N M O…………….…………..Petitioner
And
J M R….………….……..RESPONDENT
JUDGEMENT
Marriage was celebrated between the parties herein on 31st March 2002 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 cohabited at Gesonso in Kisii as husband and wife. The couple was blessed with one issue – N O M – born on 3rd May 20020.
The petition in this matter was filed on 15th August 2012. The petitioner accuses the respondent of cruelty. She is said to be a drug and alcohol addict, who neglected her family. As a consequence of the addiction she is said to have mood swings between hatred, ungovernable tempers, quick anger, indifference and irresponsibility. Particulars of the cruelty are set out in detail in the petition.
The petition was served on the respondent on 17th January 2013. There is an affidavit of service to evidence the same. She did not appear nor file answer to the divorce petition. On 11th April 2013 the Deputy Registrar certified that the matter proceeds for hearing as an undefended cause. As there is no reply, the petitioner’s allegations, as made in the petition, remain uncontroverted.
The petitioner testified on 29th September 2013 and gave vent to the allegations made in his petition. No counter evidence was given by the respondent, and therefore the petitioner’s story was not controverted.
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. There is also no evidence that the petitioner has condoned the adultery.
I hereby dissolve the marriage celebrated between the petitioner and respondent on 31st March 2002. Decreenisi shall issue forthwith and shall be made absolute after thirty (30) days. Custody of the minor N O M is granted to the petitioner. There will be no orders as to costs.
DATED, SIGNED and DELIVERED at NAIROBI this 14th DAY OF March, 2014.
W. MUSYOKA
JUDGE