[2015] KEHC 7880 (KLR)
The court found that the respondent deserted the matrimonial home in July 2010 and has not returned or communicated with the petitioner since. The evidence of desertion and irretrievable breakdown of the marriage was unchallenged, as the respondent did not appear or file any answer. The court accepted the...
Source-derived case information.
- Citation
- [2015] KEHC 7880 (KLR)
- Parties
- Petitioner: A.W.M; Respondent: G.V.W
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Judgment Date
- 29 October 2015
- Case Number
- Divorce Cause 237 of 2014
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- AO Muchelule
- Legal Topics
- Divorce, Desertion, Cruelty, Irretrievable Breakdown of Marriage
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
A.W.M
Petitioner
G.V.W
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent deserted the matrimonial home, thereby justifying dissolution of the marriage.
- 2 Whether the marriage has irretrievably broken down due to cruelty and desertion.
Ratio Decidendi
The court found that the respondent deserted the matrimonial home in July 2010 and has not returned or communicated with the petitioner since. The evidence of desertion and irretrievable breakdown of the marriage was unchallenged, as the respondent did not appear or file any answer. The court accepted the petitioner's testimony and concluded that the marriage had irretrievably broken down, warranting dissolution on grounds of desertion.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage between the petitioner and respondent is dissolved.
- Decree nisi to issue and become absolute after 30 days.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CAUSE NO. 237 OF 2014
A.W.M ........................................................................................................... PETITIONER
VERSUS
G.V.W ........................................................................................................ RESPONDENT
JUDGMENT
The petitioner and the respondent got married on 13th January 2005 at the Registrar of Marriages in Mombasa. The marriage was not blessed with children.
On 8th December 2004 the petitioner filed this petition seeking the dissolution of the marriage on grounds of cruelty and desertion. The petition was served on the respondent who did not enter appearance or file answer. The petitioner gave evidence in support of the petition. The evidence was not challenged.
The petitioner’s testimony was that they had a matrimonial home along [Particulars Withheld] in Nairobi and that in July 2010 the respondent left the home and has not returned since. She tried to call and text him but he never responded. They have not met or had any conjugal interaction since. In her view, the marriage cannot be salvaged. I accept that evidence.
On the grounds of desertion and that the marriage between the parties has irretrievably broken down, I grant divorce. The marriage is dissolved. Decree nisi shall issue and shall become absolute after 30 days. The petitioner is granted costs of the petition.
DATED and DELIVERED at NAIROBI this 29th October 2015.
A.O. MUCHELULE
JUDGE