[2016] KEHC 6060 (KLR)

[2016] KEHC 6060 (KLR)

The court found that the Petitioner had proved, on a balance of probabilities, that the Respondent deserted him for more than three years, as required by Section 66(2)(e) of the Marriage Act. The evidence showed that the parties had lived apart since December 2010, and attempts at reconciliation had failed. The...

Source-derived case information.

Citation
[2016] KEHC 6060 (KLR)
Parties
Petitioner: A V G; Respondent: A A G
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
30 March 2016
Case Number
Divorce Cause 70 of 2015
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
LA Achode
Legal Topics
Divorce, Matrimonial Offences, Desertion, Cruelty, Irretrievable Breakdown, Hindu Customary Marriage
Source Language
english
Family and Children Divorce Matrimonial Offences Desertion Cruelty Irretrievable Breakdown Hindu Customary Marriage

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Summary, issues, holding and outcome

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Parties

A V G

Petitioner

A A G

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent deserted the Petitioner for at least three years as required by law.
  2. 2 Whether the marriage between the parties has irretrievably broken down due to desertion and cruelty.
  3. 3 Whether the Petitioner is entitled to a decree of divorce.

Ratio Decidendi

The court found that the Petitioner had proved, on a balance of probabilities, that the Respondent deserted him for more than three years, as required by Section 66(2)(e) of the Marriage Act. The evidence showed that the parties had lived apart since December 2010, and attempts at reconciliation had failed. The Respondent did not contest the Petition or provide any evidence to the contrary. The court concluded that the marriage had irretrievably broken down and that the Petitioner was entitled to a decree of divorce. Accordingly, the marriage was dissolved, and a decree nisi was issued to be made absolute after thirty days.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated between the Petitioner and Respondent on 25th January 1980 is hereby dissolved.
  • Decree nisi dissolving the said marriage is hereby issued to be made absolute thirty (30) days from the date of this judgment.