[2016] KEHC 8318 (KLR)
The court found that the marriage between the petitioner and respondent had irretrievably broken down, as evidenced by their prolonged separation and the failure of reconciliation efforts. The petitioner's testimony was uncontroverted due to the respondent's lack of response. The court was satisfied that the legal...
Source-derived case information.
- Citation
- [2016] KEHC 8318 (KLR)
- Parties
- Petitioner: R P J M; Respondent: P B R
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 124 of 2015
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- DN Musyoka
- Legal Topics
- Divorce, Irretrievable Breakdown of Marriage, Islamic Marriage, Cohabitation, Decree Nisi
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
R P J M
Petitioner
P B R
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
- 2 Whether the petitioner is entitled to a decree of divorce.
Ratio Decidendi
The court found that the marriage between the petitioner and respondent had irretrievably broken down, as evidenced by their prolonged separation and the failure of reconciliation efforts. The petitioner's testimony was uncontroverted due to the respondent's lack of response. The court was satisfied that the legal threshold for dissolution of marriage had been met and therefore granted the orders sought by the petitioner.
Court Disposition
petition allowed; marriage dissolved
Orders
- The petition dated 10th September 2015 is allowed and the marriage celebrated on 7th November 1992 is dissolved.
- Decree nisi to issue forthwith, to be made absolute after thirty (30) days.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
DIVORCE CAUSE NO. 124 OF 2015
R P J M……………………………PETITIONER
VERSUS
P B R…………………….………………RESPONDENT
JUDGEMENT
1. Marriage was celebrated between the parties herein on 7th November 1992 at Nairobi in accordance with Ismailia customs and practices. A certificate of marriage, serial number [particulars withheld], was duly issued by the H. H. the Aga Khan Shia Imami Ismailia Provincial Council on 16th November 1992. After the celebration of the marriage the parties cohabited at Parklands in Nairobi, Kenya, but presently they petitioner resides in Uganda while the respondent lives in Nairobi.
2. It is pleaded that the marriage between the parties has irretrievably broken down for the reason that the parties are no longer companions to each other, are living totally separate lives, and are unwilling or unable to live together as husband and wife. It is pleaded that all efforts to reconcile them have failed.
3. The petition was served and the respondent did enter appearance on 29th October 2015 through counsel. However, the respondent did not respond to the petition, and the same was cleared and certified by the Deputy Registrar on 10th December 2015 to proceed as undefended. .
4. The cause was heard on 19th May 2016. The petitioner testified. In his testimony he gave vent to the allegations made in his petition. As the cause was undefended the petitioner’s testimony was not controverted.
5. From the material placed before me it is plain that the marital relationship between the petitioner and the respondent has totally broken down. I have noted from the testimony of the petitioner that the parties having been living apart for quite some time now.
6. In the circumstances, I am moved to make the following final orders:-
(a) That I allow the petition herein dated 10th September 2015 and decree that the marriage between the petitioner and the respondent, celebrated on 7th November 1992, is hereby dissolved;
(b) That decree nisi shall issue forthwith, to be made absolute after thirty (30) days; and
(c) That there shall be no order as to costs.
DATED, SIGNED and DELIVERED at NAIROBI this 25TH DAY OF NOVEMBER, 2016.
W. MUSYOKA
JUDGE