The two had been married for a year and two months in a Hindu ceremony
Court dissolves the marriage but declined to compel her husband to send her things
Image: /FILE
The High Court has granted a woman divorce after a year and two months in marriage on grounds of cruelty.
The court however declined to award her request for maintenance and the charges for getting back her belongings left at their matrimonial home.
“I do pronounce a decree of divorce and order that the marriage between the two solemnised at Perth, Western Australia and celebrated in a Hindu ritual ceremony in Parklands, Nairobi,” Justice Thande Mugure ruled.
HKD and MP got married in Australia and thereafter they had a Hindu ritual ceremony in Parklands, Nairobi in January 2020.
Following their marriage, HKD left employment as an accountant in Perth, Australia to accompany and support her husband in Singapore where he worked.
The two who do not have any children lived in Nairobi, India and Australia before moving to Singapore.
After 14 months in marriage, the woman filed a petition seeking dissolution of the marriage on the ground of cruelty.
“HKD damaged my self-esteem by consistently bullying and demeaning me in public and private,” she told court.
The woman also said her former husband deprived her of basic necessities by denying her access to bank accounts.
She further said that MP alienated her by denying her freedom of movement and access to family and friends as well as breaking her phone.
“When I asked to leave, he refused to pay for my air ticket from Singapore to Kenya; threatening to kill me. My parents paid for the same and I returned home,” she said.
As a consequence of his conduct, HKD said she has suffered anxiety and the marriage has irretrievably broken down.
In her testimony, the petitioner stated that she suffered mental abuse at the hands of the respondent whom she claimed forbade her from talking to her family and friends.
“He severally threw me out of the matrimonial home leaving me helpless as I did not have any money,” she told court.
HKD also wanted her ex-husband ordered to provide maintenance for her and to ship at his cost, the wedding ring given to MP and her belongings, from their matrimonial homes in Singapore and Australia to Kenya at his cost.
She also sought damages for pain and suffering and costs.
“The Court cannot, therefore, make any orders in respect of the prayers, which are hereby deemed to have been abandoned,” the judge said.
“It is noted that no evidence was adduced at the hearing, in support for her prayers for maintenance, shipping of her personal belongings from their matrimonial homes in Singapore and Australia to Kenya and for damages for pain and suffering.”
The judge said she was satisfied that the ground of cruelty has been established and dissolved the marriage.
Edited by P.O