[2014] KEHC 6471 (KLR)
The court found that the petitioner had established her case on a balance of probabilities. The respondent, having failed to attend court and testify, did not provide any evidence to contradict the petitioner's allegations. The court was satisfied that the marriage had irretrievably broken down, and there was no...
Source-derived case information.
- Citation
- [2014] KEHC 6471 (KLR)
- Parties
- Petitioner: P S; Respondent: R S
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause Cause189 of 2012
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- DN Musyoka
- Legal Topics
- Divorce, Cruelty, Desertion, Irretrievable Breakdown, Matrimonial Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
P S
Petitioner
R S
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
- 2 Whether acts of cruelty or desertion have been proved by either party.
- 3 Whether there has been collusion or condonation of matrimonial offences.
Ratio Decidendi
The court found that the petitioner had established her case on a balance of probabilities. The respondent, having failed to attend court and testify, did not provide any evidence to contradict the petitioner's allegations. The court was satisfied that the marriage had irretrievably broken down, and there was no evidence of collusion or condonation of the alleged matrimonial offences. Accordingly, the court granted a decree nisi dissolving the marriage, to be made absolute after thirty days.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage celebrated between the petitioner and respondent on 27th September 2009 is dissolved.
- Decree nisi to issue forthwith and to be made absolute after thirty (30) days.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
DIVORCE CAUSE NO. 189 OF 2012
BETWEEN
P S………………...……….….……..PETITIONER
AND
R S…….……………….……..…..RESPONDENT
JUDGEMENT
Marriage was celebrated between the parties herein on 27th September 2009 at Riverside in Nairobi. A certificate of marriage was issued to them in accordance with the relevant law. The couple thereafter cohabited in Nairobi, Kenya, as husband and wife. The couple was not blessed with issue.
The petition in this matter was filed in court on 17th October 2012. The petitioner accuses the respondent of extreme cruelty. He is said to have been visiting physical violence on the petitioner. On occasions he would be assisted in the assault on the petitioner by his mother and other family members. When the petitioner got pregnant, the respondent caused her to terminate the pregnancy.
The petition was served on the respondent who entered appearance and filed answer to petition. He accuses the petitioner of cruelty. He describes her as violent and intemperate. She is further accused of threatening the respondent that he would never see his unborn child. He has also accused her of desertion, by leaving the matrimonial home on 25th August 2012 never to come back. The petitioner has countered these allegations in her reply dated 28th May 2013.
The matter was cleared 27th June 2013 to proceed as a defend cause.
The matter was heard on 19th September 2013. The petitioner attended court and testified giving vent to the allegations made in her petition. The respondent did not attend court and therefore he did not testify, hence no counter evidence was given by the respondent to contradict the petitioner’s story.
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 desertion, cruelty and adultery.
I hereby dissolve the marriage celebrated between the petitioner and respondent on 27th September 2009. Decreenisi shall issue forthwith and shall be made absolute after thirty (30) days. There will be no orders as to costs.
DATED, SIGNED and DELIVERED at NAIROBI this 14th DAY OF March, 2014.
W. MUSYOKA
JUDGE