J N C v A C K [2015] KEHC 7054 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

FAMILY DIVISION

DIVORCE CAUSE NO. 201 OF 2013

J N C.................….......…............PETITIONER

VERSUS

A C K……….........………........RESPONDENT

JUDGMENT

1. The petition was not defended, and therefore the evidence of the petitioner was not rebutted.

2. The petitioner’s testimony was that she begun cohabiting  with the respondent on 11th January 1990, and on 9th September 1994 they formally got married at the office of the Registrar of marriages in Nairobi.  They lived in Jerusalem in Nairobi until 20th September, 1999 when the respondent deserted the matrimonial home.  He ceased any communication with the petitioner and the two children of the marriage T K (born in 1990) and R N (born in 1995).  During the nine years that the couple stayed together, the court heard, the respondent was abusive, violent, uncaring and had taken to heavy drinking.  She testified that the marriage is beyond repair.

3. On the grounds of desertion and cruelty, I order the dissolution of the marriage between the petitioner and the respondent.  Decree nisi shall issue and shall become absolute after 30 days.  I note that the petitioner abandoned prayers (b), (c), (d) and (e) of the petition.

DATED and DELIVERED at NAIROBI this27thJanuary, 2015

A.O. MUCHELULE

JUDGE