[2019] KEHC 11294 (KLR)
The court found that the petitioner’s uncontroverted evidence established that the parties had ceased to cohabit since 20th July 2016 and had lived separately since then. The court accepted that the marriage had broken down irretrievably and, in the absence of any opposition or evidence to the contrary from the...
Source-derived case information.
- Citation
- [2019] KEHC 11294 (KLR)
- Parties
- Applicant: P.A.S.A.; Respondent: F.A.D.
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 5 of 2018
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- AO Muchelule
- Legal Topics
- Dissolution of Marriage, Irretrievable Breakdown, Separation, Matrimonial Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
P.A.S.A.
Applicant
F.A.D.
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent has broken down irretrievably.
- 2 Whether the petitioner is entitled to a decree of divorce.
Ratio Decidendi
The court found that the petitioner’s uncontroverted evidence established that the parties had ceased to cohabit since 20th July 2016 and had lived separately since then. The court accepted that the marriage had broken down irretrievably and, in the absence of any opposition or evidence to the contrary from the respondent, held that the legal threshold for dissolution of marriage under Kenyan law had been met. Accordingly, the court ordered the dissolution of the marriage and directed that a decree nisi issue, to become absolute after 30 days.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage between the petitioner and respondent is dissolved.
- Decree nisi to issue and become absolute after 30 days.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CAUSE NO. 5 OF 2018
P.A.S.A.…….………………………………..…..…..PETITIONER
VERSUS
F.A.D………………………………….…..………. RESPONDENT
JUDGMENT
1. The petitioner P.A.S.A. and the respondent F.A.D. got married on 14th August 1986 at Islington, in the London Borough of Islington, England. They lived together at various places in Kenya until 20th July 2016 when they separated owing to irreconcilable differences. They have lived apart and not cohabited, since.
2. The marriage was blessed with two children who are now both above 18.
3. On 2nd October 2018 the petitioner filed this petition seeking the dissolution of the marriage on grounds that the parties have lived separately since 20th July 2016 and that the marriage has broken down beyond repair.
4. The respondent was served, and entered appearance, but did not file answer to the petition. On 9th May 2019 the petitioner tendered oral evidence. The respondent, despite service, did not attend.
5. The uncontroverted evidence by the petitioner was that the parties ceased to cohabit on 20th July 2016 when they began living separately. She stated that the marriage has broken down and cannot be repaired.
6. I accept the petitioner’s evidence. I find that the marriage between her and the respondent has broken down irretrievably. On that ground, I order the dissolution of the marriage. Decree nisi shall issue and become absolute after 30 days.
7. The petitioner did not want costs.
DATED and DELIVERED at NAIROBI this 16TH day of MAY 2019.
A.O. MUCHELULE
JUDGE