[2014] KEHC 7314 (KLR)
The court found that the petitioner’s allegations of adultery and cruelty were uncontroverted, as the respondent failed to appear or file a response. The evidence presented by the petitioner was accepted as truthful and sufficient. The court was satisfied that the marriage had irretrievably broken down, there was no...
Source-derived case information.
- Citation
- [2014] KEHC 7314 (KLR)
- Parties
- Petitioner: P K M; Respondent: B O O
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 178 of 2012
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- DN Musyoka
- Legal Topics
- Divorce, Adultery, Cruelty, Irretrievable Breakdown, Undefended Petition
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
P K M
Petitioner
B O O
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent committed adultery during the subsistence of the marriage.
- 2 Whether the respondent treated the petitioner with cruelty.
- 3 Whether the marriage has irretrievably broken down and should be dissolved.
Ratio Decidendi
The court found that the petitioner’s allegations of adultery and cruelty were uncontroverted, as the respondent failed to appear or file a response. The evidence presented by the petitioner was accepted as truthful and sufficient. The court was satisfied that the marriage had irretrievably broken down, there was no collusion between the parties, and the petitioner had not condoned the respondent’s adultery. Accordingly, the court held that the grounds for dissolution of marriage had been established and ordered the marriage dissolved.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage celebrated between the petitioner and respondent on 6th May 1998 is dissolved.
- Decree nisi 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. 178 OF 2012
BETWEEN
P K M……………………..PETITIONER
AND
B O O….………….……..RESPONDENT
JUDGEMENT
Marriage was celebrated between the parties herein on 6th May 1998 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 [particulars withheld] and [particulars withheld] in Nairobi as husband and wife. They were blessed with one issue – F M O – born on 25th January 1990.
The petition in this matter was filed on 1st October 2012. The petitioner has accused the respondent of cruelty and adultery. The respondent is alleged to have committed adultery with a woman, in the United States of America, who is named in the particulars, but who have not been made parties to the proceedings. As a consequence of the said adultery two children were born to the said woman. He is also alleged to have treated the petitioner cruelly when they were in the United States as he would spent nights away from her, and when confronted he would say he needed an able-bodied woman to have fun with, which caused much anguish to the petitioner who is physically challenged.
The petition was served on the respondent on 27th March 2013 by courier service via DHL. He did not appear nor file answer to the divorce petition. The Deputy Registrar certified on 11th July 2013 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 21st August 2013 and gave vent to the allegations made in her petition. No counter evidence was given by the respondent, 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 6th May 1998. 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