KHS v SS [2020] KEHC 8596 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

DIVORCE CAUSE NO. 6 OF 2019

KHS………………………….……………………PETITIONER

VERSUS

SS……………………..………………………….RESPONDENT

JUDGMENT

1. KHS, the Petitioner moved this court by way of a Petition dated 14th December, 2018 against SS,the Respondent seeking for orders for Dissolution of the marriage between the two & Costs of the suit.

2. The Parties solemnised their marriage in the Harrow District, United Kingdom on the 30th of September, 2006 and thereafter lived and cohabited as man and wife in the following places;

i. Edgware, Middlesex, HA8 6QZ from 1st October,2006 to 8th January 2010

ii. Westlands, Nairobi from 6th May 2014 to 1st December, 2016.

3. The union has no children.

4. Upon service of Summons to appear and the Petition the Respondent entered appearance and filed a settlement agreement.  She did not to file any answer to this Petition. That being the case this matter having been certified as an undefended cause, a certificate issued accordingly on 22nd of August 2019 and the divorce cause proceeded as such on the 31st October, 2019.

5. It is the Petitioner’s case that the marriage between him and the Respondent has irretrievably broken down, and as a result the two have lived separately since December, 2016 with no hope of salvaging the same.

6. Having considered the Petition and evidence presented before court by the Petitioner and in the absence of an answer to the Petition and evidence to the contrary , I am of the opinion that the Petitioner has proved his case, that the marriage between him and the Respondent has irretrievably broken down resulting in the parties  living apart for more than 3 years.

7. For the reasons stated above the marriage contracted by KHS & SS on the 3oth September, 2006  be and is hereby dissolved.

8. The Decree Nisi be made absolute within 30 days.

9. No order as to Costs.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS  30th  DAY OF JANUARY, 2020.

ALI-ARONI

JUDGE

In the presence of:

Petitioner ….………………….………………………………………………………………..

Respondent……………………………………………………………………………………..