S.D. vs P.D. [2003] KEHC 524 (KLR)

REPULIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

HINDU MARRIAGE & DIVORCE ACT (CAP 157)

DIVORCE CAUSE NO. 191 OF 2001

IN THE MATTER OF THE MATRIMONIAL CAUSES ACT

CHAPTER 152

S. D ………………………………………… PETITIONER AND P. D. …………………………………….. RESPONDENT

AND

A. S. ………………………………….. CO-RESPONDENT

JUDGMENT

Having carefully considered what has been brought to my attention during the hearing of this defended divorce cause, I am satisfied that the Petitioner has sufficiently proved her case against the Respondent on the ground of cruelty. The petition for divorce succeeds.

Accordingly, the marriage between the petitioner and the Respondent be and is hereby ordered dissolved. A decree nisi to issue. Same not to be made absolute until after the expiration of one month from the date of this judgment.

Maintenance, custody of the issue of the marriage, access as well as costs of these proceedings, be in terms of the contents of the consent letter dated 18th September 2002 as filed in this matter on 19th September 2002.

Dated this 31st Day of January 2003. J.M. KHAMONI JUDGE

Present: Mr. Bhullah fo the Petitioner Mr. Shah for Mr. Joshi for the Respondent.