[2013] KEHC 1475 (KLR)
The court found that the petitioner had established her case for dissolution of marriage on a balance of probabilities. The respondent, despite being served, did not appear or contest the petition. The evidence of cruelty and desertion was uncontroverted. The court was satisfied that the grounds for divorce had been...
Source-derived case information.
- Citation
- [2013] KEHC 1475 (KLR)
- Parties
- Petitioner: P A B aka P B; Respondent: L M R
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 1 of 2011
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- CW Meoli
- Legal Topics
- Divorce, Cruelty, Desertion, Marriage Dissolution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
P A B aka P B
Petitioner
L M R
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the petitioner has established grounds for dissolution of marriage based on cruelty and desertion.
- 2 Whether the marriage should be dissolved given the respondent's absence and failure to defend.
Ratio Decidendi
The court found that the petitioner had established her case for dissolution of marriage on a balance of probabilities. The respondent, despite being served, did not appear or contest the petition. The evidence of cruelty and desertion was uncontroverted. The court was satisfied that the grounds for divorce had been met and granted the prayers sought by the petitioner, thereby dissolving the marriage.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage between the petitioner and respondent is hereby dissolved.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
INT HE HIGH COURT AT MALINDI
DIVORCE CAUSE NO. 1 OF 2012
P A B akaP B …....................PETITIONER
VERSUS
L M R.....................................RESPONDENT
JUDGMENT
The parties herein were married under the Marriage Act on 4th April, 2007. The Petitioner has now brought this petition seeking to have the marriage dissolved. The petition proceeded as an undefended cause as the Respondent did not enter appearance despite being served. The petition is based on grounds of cruelty and desertion.
During the hearing, the Petitioner relied on her, recorded statement recorded in proof of the allegations of cruelty and desertion by the Respondent. The allegations have not been disputed. It would seem that after craftily obtaining various amounts of money from the Petitioner, and even begging from her friends the Respondent eventually deserted her since 2007. He also took with him the Petitioner's goods. To date he remains at large.
3 . I am satisfied that the Petitioner has established her case on a balance of probabilities and will grant her the prayers sought in the petition.
Delivered and signed at Malindi this 28th October, 2013 in the presence of Miss Mwangi for the Petitioner.
Court clerk – Samwel
C. W. Meoli
JUDGE