[2011] KEHC 2980 (KLR)

[2011] KEHC 2980 (KLR)

The court found that the respondent had deserted the matrimonial home in 2001 and had not returned or indicated any intention to return, resulting in a separation of approximately ten years. The court was satisfied that the marriage had irretrievably broken down and that the petitioner had established the matrimonial offence of desertion. Consequently, the court held that the petitioner was entitled to a decree nisi dissolving the marriage, to be made absolute after thirty days.

Citation
[2011] KEHC 2980 (KLR)
Parties
Petitioner: B.H.S; Respondent: B.H.S
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
4 March 2011
Case Number
Criminal Revision 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
Source Language
English
Family and Children Divorce Matrimonial Offences Desertion Irretrievable Breakdown Custody and Residence

Case Brief

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Parties

B.H.S

Petitioner

B.H.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 due to prolonged separation.

Ratio Decidendi

The court found that the respondent had deserted the matrimonial home in 2001 and had not returned or indicated any intention to return, resulting in a separation of approximately ten years. The court was satisfied that the marriage had irretrievably broken down and that the petitioner had established the matrimonial offence of desertion. Consequently, the court held that the petitioner was entitled to a decree nisi dissolving the marriage, 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.