G J S v J J H [2017] KEHC 9688 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

FAMILY DIVISION

DIVORCE CAUSE NO. 149 OF 2014

G. J. S..........................................................PETITIONER

VERSUS

J. J. H.......................................................RESPONDENT

JUDGMENT

1. The petitioner G.J.S. and the respondent J.J.H. got married on 22nd November 2012 in India.  They stayed in India from 22nd November 2012 until 7th December 2012 following which they moved to Kenya where they lived together in Nairobi from 8th December 2012 to 26th September 2013.  The couple separated on 26th September 2013 due to irreconcilable differences.  They have not lived together since.  The marriage was not been blessed with any children.

2. On 2nd July 2014 the petitioner filed this petition seeking the dissolution of the marriage on grounds of cruelty whose particulars were given.  The respondent filed an answer denying the allegations by the petitioner.  She accused the petitioner’s extended family of interference in their marriage and of inciting the petitioner against her.  She pleaded that the relationship between the two had not irretrievably broken down and that, except for an instance with the extended family, the two of them had always had a cordial relationship.  She asked the court to order the petitioner to reinstate her into their matrimonial home.

3. During the hearing of the petition, the petitioner was present and was represented by Mr. Kigen.  The respondent failed to attend court.  Her advocate Mr. Kalwa informed the court that the respondent had left the country for India and for over two years she had not communicated.  The matter therefore proceeded on the basis of the evidence of the petitioner.

4. The petitioner testified that the respondent had been cruel towards him.  He produced photos to show physical attack inflicted upon him by the respondent and to show destruction of property caused by the respondent.  He stated that besides the violence by the respondent, they have stayed apart since 26th September 2013 when the respondent moved out of the house and that they have not had sexual interaction since then.  He further stated that he had tried to salvage the marriage by reconciliation through the Community but the respondent was not willing.  Lastly, he stated that the marriage cannot be salvaged.

5. It was clear that the petitioner did not want anything to do with the respondent.  The two have been away from each other for over three years.  On the evidence, the respondent was violent and cruel towards the petitioner.  The marriage between the two cannot be salvaged.

6. These are the reasons why I allow the petition.  I order the dissolution of the marriage between the petitioner and the respondent.  Decree nisi shall issue accordingly and shall become absolute after 30 days.  Each party shall pay own costs.

DATED and SIGNED at NAIROBI this 7TH day of NOVEMBER 2017

A.O. MUCHELULE

JUDGE

DATED and DELIVERED at NAIROBI this 9TH day of NOVEMBER 2017

R.E. OUGO

JUDGE