[2015] KEHC 6464 (KLR)
The court found that the respondent deserted the matrimonial home on 5th October 2011 without word or excuse and had not returned since. The petitioner's testimony was uncontroverted as the petition was not defended. The court held that the marriage had irretrievably broken down on the ground of desertion. The court...
Source-derived case information.
- Citation
- [2015] KEHC 6464 (KLR)
- Parties
- Petitioner: A D C; Respondent: D P N
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 178 of 2014
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- AO Muchelule
- Legal Topics
- Divorce, Desertion, Custody and Maintenance, Matrimonial Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
A D C
Petitioner
D P N
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent has irretrievably broken down due to desertion.
- 2 Whether the petitioner is entitled to dissolution of the marriage on the ground of desertion.
- 3 Whether the agreement on custody, maintenance, and property should be made part of the judgment.
Ratio Decidendi
The court found that the respondent deserted the matrimonial home on 5th October 2011 without word or excuse and had not returned since. The petitioner's testimony was uncontroverted as the petition was not defended. The court held that the marriage had irretrievably broken down on the ground of desertion. The court further recognized the agreement entered into by the parties on custody, maintenance, and property, and incorporated it into the judgment, making it enforceable. Consequently, the court dissolved the marriage and issued a decree nisi to become absolute after 30 days.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage between the petitioner and respondent is dissolved on the ground of desertion.
- Decree nisi shall issue immediately and shall become absolute after 30 days.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CAUSE NO. 178 OF 2014
A D C............................................................PETITIONER
VERSUS
D P N.............................................................RESPONDENT
JUDGMENT
1. The petitioner and the respondent got married on 18th October 2003 at the [particulars witheld] Farm in Kajiado of Kenya under the Marriage Act (Cap 150). They stayed in various places in Kenya as a married couple. The marriage was blessed with two children:-
a. N. L. N. born on 27th August 2001; and
b. R. L. N. born on 29th October 2002.
On 5th October 2011 the respondent deserted the matrimonial home without word or excuse, and has not returned since. On 19th January 2015 the petitioner filed this petition seeking the dissolution of the marriage. In her view, the marriage has irretrievably broken down.
2. The petition was not defended, and the testimony of the petitioner was therefore not controverted.
3. I allow the petition. On ground of desertion, I dissolve the marriage between the petitioner and respondent. Decree nisi shall issue immediately and shall become absolute after 30 days.
4. The parties entered into an agreement dated 11th June 2014 (exhibit 1) on the custody and maintenance of the children and on the property that was acquired during the marriage. The agreement shall form part of this judgment and shall become enforceable.
DATED and DELIVERED at NAIROBI this 13th February 2015.
A.O. MUCHELULE
JUDGE