[2014] KEHC 1270 (KLR)
The court found that the petitioner’s evidence was unchallenged and established that the respondent deserted the matrimonial home in February 2012 and the parties have lived separately for over two years. This conduct satisfies the statutory grounds of desertion and irretrievable breakdown of marriage under Section...
Source-derived case information.
- Citation
- [2014] KEHC 1270 (KLR)
- Parties
- Petitioner: A W; Respondent: T K N
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Judgment Date
- 25 November 2014
- Case Number
- Divorce Cause 47 of 2014
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition for divorce allowed
- Judges
- JV Juma
- Legal Topics
- Divorce, Matrimonial Breakdown, Desertion, Cruelty, Irretrievable Breakdown, Marriage Dissolution
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
A W
Petitioner
T K N
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the petitioner has established grounds for dissolution of marriage under Section 66(2) of the Marriage Act, 2014.
- 2 Whether the respondent's conduct amounts to desertion and irretrievable breakdown of the marriage.
Ratio Decidendi
The court found that the petitioner’s evidence was unchallenged and established that the respondent deserted the matrimonial home in February 2012 and the parties have lived separately for over two years. This conduct satisfies the statutory grounds of desertion and irretrievable breakdown of marriage under Section 66(2) of the Marriage Act, 2014. The court therefore allowed the petition for divorce and ordered that a decree nisi issue, to be made absolute after three months. No order was made as to costs.
Court Disposition
petition for divorce allowed
Orders
- Decree nisi to issue, to be made absolute after three months.
- No orders as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
DIVORCE CAUSE NO. 47 OF 2014
A W .................................................................PETITIONER
VERSUS
T K N…...........................................................RESPONDENT
JUDGMENT
The Petitioner A W has filed this petition seeking the dissolution of her marriage to the respondent TKN. The respondent was duly served with both the petition and a summons to enter appearance but he failed to file any reply. The matter therefore proceed as an undefended cause.
The Petition testified before the court on 13th October, 2014. She told the court that she and the respondent got married to each other on 6th January, 2001 at the [particulars withheld] in Kaloleni. Their marriage certificate is produced as an exhibit Pexb1. They set up a home in [particulars withheld] in Mombasa. The couple bore two children but unfortunately both children died. The Petitioner told the court that initially all was well as the respondent was a born again Christian. However he later changed and began to consume alcohol. He began to abuse/assault the petitioner. The respondent would stay away from the home for even three months. Eventually in February 2012 the respondent moved out of the matrimonial home. The couple have lived separately since that time.
Section 66(2) of the Marriage Act 2014 provides the grounds upon which a marriage may be dissolved. These grounds include
Cruelty
Desertion
Irretrievable breakdown of marriage
The testimony of the petitioner has not been challenged or controverted as the respondent did not bother to respond to the petition. By leaving the matrimonial home in February, 2012 to date the respondent has deserted his spouse. The couple have been separated for over 2 years. In terms of Section 66(b)(d) the marriage can be said to have irretrievably broken down. I therefore allow this petition for divorce. Decree nisi to issue to be made absolute after three (3) months. No orders on costs.
Dated and Delivered in Mombasa this 25th day of November, 2014.
M. ODERO
JUDGE
In the presence of:
Applicant in Person
Court Clerk Mutisya