[2016] KEHC 8427 (KLR)
The court found that the marital relationship between the petitioner and respondent had completely broken down, with evidence of cruelty and separation since 2012. The respondent did not contest the petition, and the petitioner's testimony substantiated the allegations. The court concluded that the marriage had...
Source-derived case information.
- Citation
- [2016] KEHC 8427 (KLR)
- Parties
- Petitioner: T E S; Respondent: P M O
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 126 of 2014
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- DN Musyoka, REA Ougo
- Legal Topics
- Divorce, Matrimonial Cruelty, Adultery, Irretrievable Breakdown, Desertion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
T E S
Petitioner
P M O
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent treated the petitioner with cruelty.
- 2 Whether the respondent deserted the matrimonial home.
- 3 Whether the respondent committed adultery.
Ratio Decidendi
The court found that the marital relationship between the petitioner and respondent had completely broken down, with evidence of cruelty and separation since 2012. The respondent did not contest the petition, and the petitioner's testimony substantiated the allegations. The court concluded that the marriage had irretrievably broken down and that the legal grounds for dissolution were satisfied. Accordingly, the marriage was dissolved and a decree nisi issued.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage between the petitioner and the respondent, celebrated on 21st June 2002, is hereby dissolved.
- Decree nisi shall issue forthwith, to be made absolute within thirty (30) days.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
DIVORCE CAUSE NO. 126 OF 2014
T E S.......................................PETITIONER
VERSUS
P M O..................................RESPONDENT
JUDGEMENT
1. Marriage was celebrated between the parties herein on 21st June 2002 at the Office of the Registrar of Marriages, Nairobi. A certificate of marriage serial number [particulars withheld] was issued to them in accordance with the Marriage Act, Cap 150, Laws of Kenya (now repealed). The parties cohabited thereafter at Nairobi, Kenya. The couple was blessed with issue, but details are not given in the petition.
2. The petitioner alleges that the respondent deserted the matrimonial home, treated the petitioner and the children of the marriage with cruelty, and committed adultery. He has particularised the instances of cruelty and adultery. She is said to have physically assaulted the petitioner and the children, spent nights away from the matrimonial home and to have verbally assaulted the petitioner. He has accused her of committing adultery with other men which resulted in children being born out of wedlock, but the alleged paramours are not named nor made co-respondents. He pleads that the marriage has broken down irretrievably and seeks for its dissolution.
3. On 9th June 2016, the Deputy Registrar cleared the petition to proceed as undefended for the respondent had been served with the petition but he neither appeared nor answered the petition. The Petitioner testified on 16th June 2016. Her testimony gave vent to the allegations made in her petition. She stated that all efforts to reconcile had failed.
4. From the material placed before me it is plain that the marital relationship between the petitioner and the respondent has totally broken down. I find that there was cruelty meted on the petitioner by the respondent. I have noted that cohabitation has been broken, and parties have been apart since 2012. The marriage no doubt has practically come to an end.
5. In the circumstances, I am moved to make the following final orders:-
(a) That the marriage between the petitioner and the respondent, celebrated on 21st June 2002, is hereby dissolved;
(b) That decree nisi shall issue forthwith, to be made absolute within thirty (30) days; and
(c) That there shall be no order as to costs.
DATED and SIGNED at NAIROBI this 16TH DAY OF DECEMBER, 2016.
W. MUSYOKA
JUDGE
DELIVERED and SIGNED this 20TH DAY OF DECEMBER, 2016.
R. OUGO
JUDGE