M A M v C P J M M [2014] KEHC 8416 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

FAMILY DIVISION

DIVORCE CAUSE NO. 35 OF 2014

M A M....................……….…............PETITIONER

VERSUS

C P J M M......................................RESPONDENT

JUDGMENT

1.          This petition was not defended as the summons that were served received no response.

2.          The petitioner M A M and the respondent C P J M MOL got married on 21st August 2010 at the office of the Registrar of Marriages.  The couple moved to live and cohabit in the United Arab Emirates.   They have no children of the marriage.

3.          The petitioner’s evidence was that the couple lived together until 23rd October 2012 when the respondent threw her out of the matrimonial home and withdrew her housewife visa.  This forced her to fly back to Kenya.  Since then the couple has not been in any communication.

4.          During the period that the couple stayed together, the respondent was abusive, would beat the petitioner and throw her out of the house at night.

5.          I find that the respondent was cruel to the petitioner and for this reason I dissolve the marriage between the two.  Decree nisi shall issue and the same shall become absolute after 30 days.

DATED and DELIVERED at NAIROBI this 6th August 2014

A.O. MUCHELULE

JUDGE