[2014] KEHC 3911 (KLR)

[2014] KEHC 3911 (KLR)

The court found that the Respondent had proved the matrimonial offence of desertion by the Petitioner, as she had left the matrimonial home in March 2008 and had not returned for over six years. The evidence of separation and desertion was uncontroverted, and the Petitioner was no longer resident in Kenya. The...

Source-derived case information.

Citation
[2014] KEHC 3911 (KLR)
Parties
Petitioner: A M; Respondent: R D H
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
26 June 2014
Case Number
Divorce Cause 23 of 2008
Procedural Posture
Divorce Cause / Judgment
Outcome
marriage dissolved; decree nisi issued
Judges
LK Kimaru
Legal Topics
Marriage Dissolution, Capacity to Marry, Matrimonial Offences, Child Custody
Source Language
english
Family and Children Marriage Dissolution Capacity to Marry Matrimonial Offences Child Custody

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Summary, issues, holding and outcome

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Parties

A M

Petitioner

R D H

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent had legal capacity to contract the marriage with the Petitioner.
  2. 2 Whether the Petitioner deserted the matrimonial home, constituting a matrimonial offence.
  3. 3 Whether the marriage between the Petitioner and Respondent should be dissolved.

Ratio Decidendi

The court found that the Respondent had proved the matrimonial offence of desertion by the Petitioner, as she had left the matrimonial home in March 2008 and had not returned for over six years. The evidence of separation and desertion was uncontroverted, and the Petitioner was no longer resident in Kenya. The Respondent's evidence that he was divorced from C F H prior to marrying the Petitioner was accepted. On the balance of probabilities, the grounds for dissolution of marriage were established. The marriage was therefore dissolved and a decree nisi issued.

Court Disposition

marriage dissolved; decree nisi issued

Orders

  • The marriage celebrated between the Petitioner and the Respondent on 25th June 2004 is dissolved.
  • A decree nisi dissolving the marriage is issued, to be made absolute thirty (30) days from the date of judgment.