[2019] KEHC 6343 (KLR)
The court found that the petitioner and respondent have lived apart since July 2010 and have not had sexual relations since 2009. The petitioner's evidence was unchallenged and credible. Applying Section 65 of the Marriage Act, 2014, the court held that the marriage had irretrievably broken down, which is a...
Source-derived case information.
- Citation
- [2019] KEHC 6343 (KLR)
- Parties
- Applicant: NCK; Respondent: GVK
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 98 of 2010
- Procedural Posture
- Divorce Cause / Ruling
- Outcome
- petition allowed; cross-petition dismissed
- Judges
- AO Muchelule
- Legal Topics
- Dissolution of Marriage, Irretrievable Breakdown, Christian Marriage, Adultery, Cruelty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
NCK
Applicant
GVK
Respondent
Procedural Posture
Divorce Cause / Ruling
Legal Issues
- 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
- 2 Whether grounds of adultery and cruelty have been established for dissolution of marriage.
- 3 Whether the respondent's cross-petition for dissolution on similar grounds should be allowed.
Ratio Decidendi
The court found that the petitioner and respondent have lived apart since July 2010 and have not had sexual relations since 2009. The petitioner's evidence was unchallenged and credible. Applying Section 65 of the Marriage Act, 2014, the court held that the marriage had irretrievably broken down, which is a statutory ground for dissolution of a Christian marriage. The court therefore ordered the dissolution of the marriage. The respondent's cross-petition was dismissed due to lack of evidence or appearance.
Court Disposition
petition allowed; cross-petition dismissed
Orders
- The marriage celebrated on 3rd June 1989 between the petitioner and respondent is dissolved.
- Decree nisi shall issue and become absolute after thirty (30) days.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
DIVORCE CAUSE NO. 98 OF 2010
NCK.............PETITIONER
V E R S U S
GVK ......... RESPONDENT
RULING
1. The petitioner and the respondent got married on 3rd June 1989 and at the P.C.E.A [particulars withheld] Church in Nyeri under the African Christian Marriage and Divorce Act (Cap. 151) (now repealed). They lived in various places in Nairobi. The marriage was blessed with three (3) children.
2. On 20th July 2010 the petitioner filed this petition seeking the dissolution of the marriage on grounds of adultery and cruelty.
3. On 10th August 2011 the respondent filed an answer to the petition denying the material in the petition whose dismissal he sought. He cross-petitioned for the dissolution of the marriage on grounds of adultery and cruelty.
4. When the petition came for hearing today, the petitioner was present but the respondent was not. The petitioner amended the petition to include the ground that the marriage has irretrievably broken down because the parties have been living apart since July, 2010.
5. The petitioner adopted the petition and testified that since July 2010 the couple has been separated with little or no contact. They have had no sexual interaction since 2009. According to her, the marriage has broken down beyond repair.
6. The African Christian Marriage and Divorce Act (Cap. 151) was repealed by the Marriage Act, No. 4 of 2014. Under Section 98ofthe Marriage Act,these proceedings are now guided by the new Act. Section 65 of the Act provides that the irretrievable breakdown of the marriage is a ground for the dissolution of a christian marriage.
7. The petitioner’s evidence was not challenged. I accept that since July 2010 the parties have lived apart, and have not related sexually since 2009. I accept that the marriage between them has irretrievably broken down. On this ground, I order the dissolution of this marriage which was celebrated on 3rd June 1989 between the petitioner and the respondent.
8. Decree nisi shall issue, and shall become absolute after thirty (30) days.
9. I dismiss the cross-petition by the respondent.
10. I make no order as to costs.
DATED and DELIVEREDat NAIROBI this 27THday ofJUNE, 2019.
A.O. MUCHELULE
JUDGE