[2002] KEHC 1084 (KLR)
The court found that the respondent willfully refused to consummate the marriage, as evidenced by the uncontroverted testimony of the petitioner and the respondent's absence from the proceedings. The law entitles a petitioner to a decree of nullity in cases of willful non-consummation. Therefore, the marriage...
Source-derived case information.
- Citation
- [2002] KEHC 1084 (KLR)
- Parties
- Applicant: Rubina Marivonne Haroon; Respondent: Alberto Fait
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 8 of 2001
- Procedural Posture
- Matrimonial Cause / Judgment
- Outcome
- petition allowed; marriage declared a nullity
- Legal Topics
- Nullity of Marriage, Non Consummation, Matrimonial Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rubina Marivonne Haroon
Applicant
Alberto Fait
Respondent
Procedural Posture
Matrimonial Cause / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent should be declared a nullity due to willful non-consummation by the respondent.
Ratio Decidendi
The court found that the respondent willfully refused to consummate the marriage, as evidenced by the uncontroverted testimony of the petitioner and the respondent's absence from the proceedings. The law entitles a petitioner to a decree of nullity in cases of willful non-consummation. Therefore, the marriage between the parties was declared a nullity.
Court Disposition
petition allowed; marriage declared a nullity
Orders
- The marriage celebrated between the parties is declared a nullity.
- The decree nisi of nullity to be made absolute within six months of the date hereof.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI LAW COURTS)MATRIMONIAL CAUSE NO. 8 OF 2001
RUBINA MARIVONNE HAROON…………………….. PETITIONER
V E R S U S
ALBERTO FAIT……………………………………… RESPONDENT
J U D G M E N T
The parties in this matter were married on 21st August, 1998. It is a monogamous marriage. The parties after the marriage stayed at Nairobi. But according to the petitioner the Respondent just refused to consummate the marriage despite her efforts to persuade the Respondent. The Respondent eventually left matrimonial home in January, 1999. Since that time the petitioner has not met the Respondent.
The Respondent was served with the petition but did not appear and the Deputy Registrar certified the petition as an undefended cause on 7th March, 2002. In absence of any controversion of the testimony given by the petitioner, I am inclined to believe that she is telling the truth.
The law entitles the petitioner for a decree of nullity in the case of willful non-consummation of marriage by the Respondent. This is the case here.
I therefore direct that the marriage celebrated between the parties herein be declared a nullity.
The decree nisi of nullity be made absolute within six months of the date hereof.
Dated and delivered at Nairobi this 3rd day of October, 2002. K. H. RAWAL JUDGE.