RBP v AJN [2019] KEHC 6770 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

DIVORCE CAUSE NO. 15 OF 2017

BETWEEN

RBP........................................................................PETITIONER

AND

AJN....................................................................RESPONDENT

JUDGMENT

1. RBP(Petitioner) moved this court by way of a Petition dated 27th September 2017 against AJN(Respondent).

2. In the Petitioner seeks for orders for : -

a. Dissolution of the marriage between the two.

b. Any other relief.

3. Despite service of the summons to appear and the Petition upon the Respondent, the Respondent did not enter an appearance nor file a response to the Petition and the matter having been certified as an undefended cause, proceeded as such on the 14th March, 2019.

4. The Parties solemnised their marriage under Hindu traditions on the 9th of May, 2015 and thereafter moved and cohabited in Tanzania.

5. The union has no children.

6. It is the Petitioner’s case that the marriage between them has irretrievably broken down, and the two have been living separately since July 2017.

7. In her Petition she stated that the marriage between the two hashad irreconcilable differences and as a result the same has broken down irretrievably. She cited the following grounds; -

- The respondent neglected the petitioner

- The Respondent has been rude and unsupportive

- The parties have stayed apart

- The parties have failed to resolve the issues even after consulting a mediator

- There is no longer any mutual concern between the parties

8. At the hearing the Petitioner reiterated her grounds mentioned  above.  She further informed the court that from the onset of the marriage the Respondent neglected her and was rude, and would also leave home for long hours.  Further that circumstances were so difficult; she would have committed suicide and as of now nothing is left of the marriage.

9. Having considered the Petition and evidence of the Petitioner onrecord and in the absence of an answer to the Petition and evidence challenging the evidence adduced by the Petitioner, I am of the opinion that the Petitioner has proved her grounds. I find further that due to the Respondent’s cruelty as enumerated above the parties have irreconcilable differences and the marriage has thus broken down irretrievably.  I also take note of the fact that the parties have lived apart for more than 3 years.

10. Consequently, the marriage between RBP and AJN that was solemnised on the 9th of July, 2015 be and is hereby dissolved.

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

12. Costs of the suit to the Petitioner.

DATED, SIGNEDANDDELIVEREDat NAIROBI THIS  23rd  DAY OF  MAY ,2019.

ALI-ARONI

JUDGE

In the presence of:

Petitioner ..............................................

Respondent...........................................