[2014] KEHC 8388 (KLR)
The court found that the respondent's repeated acts of abandoning the matrimonial home and children, making defamatory statements about the petitioner and his mother, and causing social distress and mental anguish constituted cruelty. The evidence was uncontroverted as the respondent did not respond to the petition....
Source-derived case information.
- Citation
- [2014] KEHC 8388 (KLR)
- Parties
- Petitioner: T I B; Respondent: P M K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 36 of 2013
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- AO Muchelule
- Legal Topics
- Divorce, Cruelty, Matrimonial Disputes, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
T I B
Petitioner
P M K
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent's conduct amounted to cruelty justifying dissolution of marriage.
- 2 Whether the petitioner is entitled to a decree of divorce based on the evidence presented.
Ratio Decidendi
The court found that the respondent's repeated acts of abandoning the matrimonial home and children, making defamatory statements about the petitioner and his mother, and causing social distress and mental anguish constituted cruelty. The evidence was uncontroverted as the respondent did not respond to the petition. The court held that the petitioner had established cruelty as a ground for dissolution of marriage and accordingly granted a decree nisi for divorce, to become absolute after the statutory period.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage between the petitioner and respondent is dissolved.
- Decree Nisi to issue immediately and become absolute after the statutory period.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CAUSE NO. 36 OF 2013
T I B…………..………………….PETITIONER
VERSES
P M K……………..………......RESPONDENT
JUDGMENT
This petition was served on the respondent but did not elicit any response.
The petitioner’s evidence was that on 20th August, 1990 at Registrar’s Office in Mombasa he got married to respondent. They stayed at various places in Mombasa and Nairobi. The last residence was in Apartment [particulars withheld], Tinderet Avenue, off Kandara Road in Nairobi. The couple was blessed with four children as follows:
S D B born in September 1990;
I H B born in January 1994;
N M B born in June 1995; and
R R B born in May 1997;
The petition was founded on cruelty. Several incidents were mentioned. One, the respondent did not want the petitioner to go on safari. For instance, on 20th July 1993 he went on safari and came back to find that she had run away from home and was found alone on a rural road. Their child had been abandoned at home. On 22nd September 1996, he went on a trip with a group of friends and returned to find she had abandoned the children and gone to a house in Mombasa. Two, since 1997, she has been alleging that the petitioner’s mother is a witch. She has been saying this to her friends. In 2009, she began telling her friends that the petitioner had committed an unnatural act with her, which was not true. This has caused the petitioner social distress and embarrassment.
In October 2012, the petitioner left her and the children in the matrimonial home and went to stay elsewhere, but continued to support her.
On the evidence, I find that the actions and behaviour by the respondent have caused the petitioner social distress and mental anguish. She has been cruel to the petitioner. On that ground I order the dissolution of the marriage between them. Decree Nisi shall issue immediately and shall become absolute after the statutory period.
This is a family dispute and therefore I make an order that each party shall bear own costs.
DATED and DELIVERED at NAIROBI this 6th June 2014.
A.O. MUCHELULE
JUDGE