S.H.S v H.C [2011] KEHC 1074 (KLR)

S.H.S………………………...................................………PETITIONER

VERSUS

H.C. …………........................................…………….RESPONDENT

JUDGMENT

The Petitioner, S.H.S,married the Respondent on the 27th October 1996 at Mombasa. They thereafter lived and cohabited in Mombasa upto 1999 when they moved to Nairobi. They have been blessed with one child, a daughter, born on 12th November 1998.

On 15th December 2006 the Respondent forced the Petitioner to move out of the matrimonial home. She now lives with her mother.In the circumstances she prays for divorce.

Though served the Respondent did not enter appearance or file any documents in opposition to this petition. In the circumstance the Petitioner sought directions and was granted leave to formally prove her petition. She testified that reconciliation attempts have been futile.

Having perused the petition and the supporting affidavit and having considered the Petitioner’s uncontroverted evidence I am satisfied that their marriage has irretrievably broken down. Consequently I order that the marriage between the Petitioner and Respondent be and is hereby dissolved. A decree nisi shall issue forthwith to be made absolute after the statutory period of 6 months. The Petitioner shall bear her own costs of this petition.

DATED and delivered this 8th day of July 2011.

D.K. MARAGA

JUDGE