[2011] KEHC 3339 (KLR)

[2011] KEHC 3339 (KLR)

The court found that the respondent deserted the matrimonial home in 2001 and has remained absent for approximately ten years, with no indication of intent to return or reconcile. The court was satisfied that the marriage had irretrievably broken down due to this prolonged separation and absence of cohabitation. The...

Source-derived case information.

Citation
[2011] KEHC 3339 (KLR)
Parties
Applicant: B.H. S; Respondent: B.M. S
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
4 March 2011
Case Number
Divorce Cause 1 of 2010
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Matrimonial Offences, Desertion, Irretrievable Breakdown, Custody and Residence, Marriage Dissolution
Source Language
english
Family and Children Divorce Matrimonial Offences Desertion Irretrievable Breakdown Custody and Residence Marriage Dissolution

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Summary, issues, holding and outcome

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Parties

B.H. S

Applicant

B.M. S

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the matrimonial home, constituting a matrimonial offence.
  2. 2 Whether the marriage between the petitioner and respondent has irretrievably broken down.
  3. 3 Whether the petitioner is entitled to a decree of divorce based on the facts presented.

Ratio Decidendi

The court found that the respondent deserted the matrimonial home in 2001 and has remained absent for approximately ten years, with no indication of intent to return or reconcile. The court was satisfied that the marriage had irretrievably broken down due to this prolonged separation and absence of cohabitation. The petitioner established the matrimonial offence of desertion, entitling him to a decree of divorce. The court therefore ordered the dissolution of the marriage solemnized on 8th October 1983, issuing a decree nisi to be made absolute after thirty days.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage solemnized on 8th October 1983 between the petitioner and the respondent is hereby dissolved.
  • Decree nisi dissolving the said marriage is hereby issued.