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|Case Number:||Divorce Cause 4 of 2013|
|Parties:||P. R. v J. B.|
|Date Delivered:||20 Dec 2013|
|Court:||High Court at Malindi|
|Judge(s):||Christine Wanjiku Meoli|
|Citation:||P. R. v J. B.  eKLR|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
IN THE HIGH COURT AT MALINDI
DIVORCE CAUSE NO. 4 OF 2013
P. R. ...…............................PETITIONER
J. B. ...............................RESPONDENT
During the hearing, the Petitioner adduced evidence in support of the petition. She also relied on the statement she had filed into court on 28th August, 2013.
“Adultery is a serious offence and must, where it is alleged be proved clearly. To prove adultery, evidence of a guilty inclination or passion is needed in addition to the opportunity to commit it. The evidence of a single witness is enough without corroboration.”
In the case before us, the respondent has not only taken another woman as his wife, he also disappears from home without trace and when he returns avoids sexual contact with the petitioner. He even opts to use a separate room from her.
Delivered and signed at Malindi this 20th day of December, 2013 in the presence of Mr. Gicharu holding brief for Ms. Mwangi for Petitioner.
Court clerk - John
C. W. Meoli