P.M.D v N.E.M [2016] KEHC 2292 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

DIVORCE CAUSE NO. 113 OF 2014

P M D..........................................................PETITIONER

-VERSUS-

N E M.......................................................RESPONDENT

JUDGEMENT

1. Marriage was celebrated between the parties herein on 25th October 2008 at the [Particulars withheld] Church at Dar-es-Salaam, Tanzania. A certificate of marriage entry number [particulars withheld] was duly issued to them. The couple thereafter cohabited as husband and wife at various addresses in Tanzania.  The were blessed with issue– A P M (born in 2010).

2. The petition in this matter was filed in court on 22nd May 2014. The petitioner accuses the respondent of cruelty. The particulars of cruelty are that the respondent has failed to provide the petitioner with the necessary support as required in a marriage, she is said to be a habitual liar, to have remained in constant contact with her former boyfriend, to be cold and distant, and of denying the petitioner his conjugal rights, and of being rude to the petitioner.

3. The petition was served and the respondent filed a notice to appear through counsel, but she neither filed an answer nor cross-petition.

4. On 5th November 2015 the Deputy Registrar certified that the matter proceeds for hearing as an undefended cause. There is no reply to the petition and therefore the petitioner’s allegations, as made in the petition, remain uncontroverted.

5. The petitioner testified on 4th February 2014 and gave vent to the allegations made in his petition. No counter evidence was given by the respondent, and therefore the petitioner’s testimony was not controverted. I am satisfied from his evidence that the respondent has been cruel to him, by being rude to him, lying and denying him conjugal rights.

6. It would appear to me that the marriage between the parties herein has irretrievably broken down. I note that the parties have been living apart since April 2012. It would also appear to me that there has been no collusion between the petitioner and the respondent in the bringing of these proceedings. There is also no evidence that the petitioner has condoned the cruelty proved in these proceedings.

7. I am disposed to make the following orders: -

a. That I hereby dissolve the marriage celebrated between the petitioner and respondent on 25th October 2008  ;

b. That decreenisi shall issue forthwith, to be made absolute after thirty (30) days;

c. That I shall leave the matters relating to the child of the marriage to the Children’s Court; and

d. That there will be no orders as to costs.

DATED, SIGNED and DELIVERED at NAIROBI this 26TH DAY OF OCTOBER, 2016.

W. MUSYOKA

JUDGE