[2019] KEHC 6770 (KLR)
The court found that the petitioner had proved her grounds for dissolution of marriage, including cruelty, neglect, and irretrievable breakdown. The respondent failed to contest the petition or provide any evidence to the contrary. The court was satisfied that the parties had lived apart for more than three years...
Source-derived case information.
- Citation
- [2019] KEHC 6770 (KLR)
- Parties
- Applicant: RBP; Respondent: AJN
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 15 of 2017
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition allowed. Marriage dissolved.
- Judges
- A Ali-Aroni
- Legal Topics
- Dissolution of Marriage, Irretrievable Breakdown, Hindu Marriage, Matrimonial Offences
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
RBP
Applicant
AJN
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 has proved grounds for dissolution of marriage under the law.
Ratio Decidendi
The court found that the petitioner had proved her grounds for dissolution of marriage, including cruelty, neglect, and irretrievable breakdown. The respondent failed to contest the petition or provide any evidence to the contrary. The court was satisfied that the parties had lived apart for more than three years and that the marriage had no prospects of reconciliation. Therefore, the marriage was dissolved as it had broken down irretrievably, and the petitioner was entitled to the relief sought.
Court Disposition
Petition allowed. Marriage dissolved.
Orders
- The marriage between RBP and AJN solemnised on 9th July 2015 is dissolved.
- Decree Nisi to be made absolute within 30 days.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
DIVORCE CAUSE NO. 15 OF 2017
BETWEEN
RBP........................................................................PETITIONER
AND
AJN....................................................................RESPONDENT
JUDGMENT
1. RBP(Petitioner) moved this court by way of a Petition dated 27th September 2017 against AJN(Respondent).
2. In the Petitioner seeks for orders for : -
a. Dissolution of the marriage between the two.
b. Any other relief.
3. Despite service of the summons to appear and the Petition upon the Respondent, the Respondent did not enter an appearance nor file a response to the Petition and the matter having been certified as an undefended cause, proceeded as such on the 14th March, 2019.
4. The Parties solemnised their marriage under Hindu traditions on the 9th of May, 2015 and thereafter moved and cohabited in Tanzania.
5. The union has no children.
6. It is the Petitioner’s case that the marriage between them has irretrievably broken down, and the two have been living separately since July 2017.
7. In her Petition she stated that the marriage between the two hashad irreconcilable differences and as a result the same has broken down irretrievably. She cited the following grounds; -
- The respondent neglected the petitioner
- The Respondent has been rude and unsupportive
- The parties have stayed apart
- The parties have failed to resolve the issues even after consulting a mediator
- There is no longer any mutual concern between the parties
8. At the hearing the Petitioner reiterated her grounds mentioned above. She further informed the court that from the onset of the marriage the Respondent neglected her and was rude, and would also leave home for long hours. Further that circumstances were so difficult; she would have committed suicide and as of now nothing is left of the marriage.
9. Having considered the Petition and evidence of the Petitioner onrecord and in the absence of an answer to the Petition and evidence challenging the evidence adduced by the Petitioner, I am of the opinion that the Petitioner has proved her grounds. I find further that due to the Respondent’s cruelty as enumerated above the parties have irreconcilable differences and the marriage has thus broken down irretrievably. I also take note of the fact that the parties have lived apart for more than 3 years.
10. Consequently, the marriage between RBP and AJN that was solemnised on the 9th of July, 2015 be and is hereby dissolved.
11. The Decree Nisi be made absolute within 30 days.
12. Costs of the suit to the Petitioner.
DATED, SIGNEDANDDELIVEREDat NAIROBI THIS 23rd DAY OF MAY ,2019.
ALI-ARONI
JUDGE
In the presence of:
Petitioner ..............................................
Respondent...........................................