[2014] KEHC 6382 (KLR)
The court found that the petitioner's evidence was uncontested and established that the respondent had deserted the matrimonial home, been cruel, and denied conjugal rights, resulting in psychological stress to the petitioner. The court concluded that the marriage had irretrievably broken down and granted a decree...
Source-derived case information.
- Citation
- [2014] KEHC 6382 (KLR)
- Parties
- Petitioner: N R K; Respondent: S S S
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 15 of 2012
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition allowed. Decree nisi for dissolution of marriage issued. No order as to costs.
- Legal Topics
- Divorce, Matrimonial Breakdown, Cruelty, Desertion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
N R K
Petitioner
S S S
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent deserted the matrimonial home.
- 2 Whether the respondent was cruel to the petitioner.
- 3 Whether the marriage has irretrievably broken down.
Ratio Decidendi
The court found that the petitioner's evidence was uncontested and established that the respondent had deserted the matrimonial home, been cruel, and denied conjugal rights, resulting in psychological stress to the petitioner. The court concluded that the marriage had irretrievably broken down and granted a decree nisi for dissolution of the marriage.
Court Disposition
Petition allowed. Decree nisi for dissolution of marriage issued. No order as to costs.
Orders
- A decree nisi for dissolution of the marriage is issued.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
DIVORCE CAUSE NO. 15 OF 2012
N R K...............................................................PETITIONER
VERSUS
S S S..........................................................RESPONDENT
J U D G M E N T
The petitioner then a spinster married the respondent on 18-2-2011 under the tenets of the Hindu rites. Both of them lived as husband and wife at Kisumu town.
The petitioner has filed this petitioner which is unchallenged arguing that the respondent has deserted the matrimonial home and has been extremely cruel on her. The petitioner further argues that the respondent has denied her conjugal rights and that he now does business in Rwanda. She argued that by virtue of the respondent's action she has suffered serious psychological stress and therefore despite efforts to reconcile their marriage has irretrievably broken down.
As stated above the petition was never challenged and it means therefore that the petitioner's evidence is not contested. Apparently there were no issues of marriage.
Taking into consideration all the evidence adduced by the petitioner I do find that their marriage has broken down and therefore a decree nisi is hereby issued. There shall be no orders on costs.
Dated, signed and delivered at Kisumu this 5th day of March, 2014.
H.K. CHEMITEI JUDGE