[2018] KEHC 2303 (KLR)
The court found that the petitioner had proved the allegations of cruelty, adultery, and desertion against the respondent. The respondent's failure to respond to the petition or attend court was taken as non-opposition to the petition. The marriage was found to have broken down irretrievably, with no chance of...
Source-derived case information.
- Citation
- [2018] KEHC 2303 (KLR)
- Parties
- Petitioner: V S; Respondent: J W
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 1 of 2018
- Procedural Posture
- Divorce Petition / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- GMA Dulu
- Legal Topics
- Dissolution of Marriage, Cruelty, Adultery, Irretrievable Breakdown, Matrimonial Offences
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
V S
Petitioner
J W
Respondent
Procedural Posture
Divorce Petition / Judgment
Legal Issues
- 1 Whether the petitioner has proved grounds for dissolution of marriage under the law.
- 2 Whether cruelty, adultery, and desertion have been established as grounds for divorce.
- 3 Whether the respondent's failure to respond or attend court affects the outcome.
Ratio Decidendi
The court found that the petitioner had proved the allegations of cruelty, adultery, and desertion against the respondent. The respondent's failure to respond to the petition or attend court was taken as non-opposition to the petition. The marriage was found to have broken down irretrievably, with no chance of reconciliation, and the grounds for divorce were sufficiently established. The court therefore allowed the petition and ordered the dissolution of the marriage, issuing a decree nisi to become absolute after 30 days.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage between the petitioner and respondent is dissolved.
- A decree nisi for divorce is issued, to 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 GARISSA
DIVORCE NO. 1 OF 2018
V S...................................................................................PETITIONER
VERSUS
J W................................................................................RESPONDENT
JUDGEMENT
1. The petitioner filed a petition in this court on 18th June 2018 against the respondent. He stated in the petition that they were married under the African Christian Marriage Act at Karatina in Nyeri County in 6th April 2002 and that they had five (5) children who are now all dead.
2. He sought dissolution of marriage due to cruelty and adultery. According to him, the respondent physically, verbally and emotionally abused him over trivial issues and constantly harassed him. He also stated that since 2016, the respondent had committed adultery with several men unknown to him and that currently she was living together with a man. He stated that the marriage had broken irretrievably and thus wanted this court to dissolve the marriage.
3. The respondent was served with a notice to appear. Though she was served, she did not respond to the petition. The matter thereforeproceeded for hearing as undefended petition though the court ordered that she be served with the hearing notice.
4. On the hearing date, which was 22nd October, 2018, the petitioner stated that he even gave fare to the respondent to attend court but she said she would not attend the hearing. He stated that the respondent did not want to come back to him again as she was already living with another man.
5. Having considered the petition and the evidence of the petitioner. I find that this marriage has broken down irretrievably and there is no chance of salvaging it at this time. The respondent has been away from the matrimonial home since 2016. She has not respondent or opposed the petition. She has also not bothered to attend court to explain her position. In my view, the petitioner has proved the allegations he has leveled against the respondent. The respondent has treated the petitioner with cruelty and has also deserted the matrimonial home. Those are sufficient grounds for divorce. In addition, the respondent has not bothered to respond to the petition for divorce which means that she does not oppose the petition.
6. I thus allow the petition and dissolve the marriage herein. A decree nisi for divorce is hereby issued which will become absolute after the lapse of 30 days from today.
7. Parties will bear their respective costs of the petition.
Dated and delivered at Garissa this 21st Day of November 2018.
......................
George Dulu
JUDGE