[2015] KEHC 6997 (KLR)
The court found, based on unchallenged evidence, that the respondent was guilty of cruelty and wilful desertion. The respondent left the matrimonial home, refused conjugal rights for an extended period, was abusive, and neglected the petitioner. Attempts at reconciliation were unsuccessful, and the respondent's...
Source-derived case information.
- Citation
- [2015] KEHC 6997 (KLR)
- Parties
- Petitioner: S M; Respondent: J N
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 259 of 2013
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved; access to child granted
- Judges
- AO Muchelule
- Legal Topics
- Divorce, Cruelty, Desertion, Child Access
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
S M
Petitioner
J N
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent was guilty of cruelty towards the petitioner.
- 2 Whether the respondent wilfully deserted the petitioner.
- 3 Whether the marriage has irretrievably broken down and should be dissolved.
Ratio Decidendi
The court found, based on unchallenged evidence, that the respondent was guilty of cruelty and wilful desertion. The respondent left the matrimonial home, refused conjugal rights for an extended period, was abusive, and neglected the petitioner. Attempts at reconciliation were unsuccessful, and the respondent's family confirmed she would not return. The court concluded that the marriage had irretrievably broken down and was beyond repair. Consequently, the court ordered the dissolution of the marriage and granted the petitioner reasonable access to the child.
Court Disposition
petition allowed; marriage dissolved; access to child granted
Orders
- The marriage between the petitioner and respondent is dissolved.
- Decree nisi to issue immediately and become absolute after 30 days.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CAUSE NO. 259 OF 2013
S M..................….......…............PETITIONER
VERSUS
J N...….…….........………........RESPONDENT
JUDGMENT
1. The petitioner and the respondent celebrated their marriage on 3rd April 1999 at the St Stephen’s A.C.K. Church in Nairobi. They lived and cohabited at Biafra and in Nairobi West. The marriage was blessed with a son, A M, who was born on 26th January 2000.
2. On 9th February 2013 the petitioner filed this petition seeking the dissolution of the marriage and to be granted reasonable access to the child. The petition was grounded on cruelty and desertion. The Cause was not defended, and therefore the petitioner’s evidence was not challenged.
3. The petitioner testified that in February 2003 the respondent left the matrimonial home and did not return. What happened was that on that day she came home at 9. 00 pm. When the petitioner sought to find out where she had been she instead shouted back to say she was going to leave and would not return. She took the child and left.
4. Prior to this incident, he said, for 1 ½ years she had refused to sleep with him. She denied him his conjugal rights during the period. She was abusive and would spend most of the time at her parents’ home. She was quarrelsome and neglected him.
5. The petitioner testified that after she left he went to have her return but her mother told him that she would not return. He sent his late mother to the respondent’s parents. Again, they said she would not return. In his view, the marriage cannot be rehabilitated.
6. On the evidence, I find that the respondent was guilty of cruelty and wilful desertion. As a result the marriage is beyond repair. I order its dissolution. Decree nisi shall issue immediately and shall become absolute after 30 days. The petitioner shall have reasonable access to the child of the marriage.
DATED and DELIVERED at NAIROBI this22ndJanuary, 2015
A.O. MUCHELULE
JUDGE