[2013] KEHC 2224 (KLR)

[2013] KEHC 2224 (KLR)

The court found that the respondent deserted the petitioner without reasonable cause by refusing to join him in Connecticut, resulting in a prolonged separation and absence of conjugal relations. The evidence, both documentary and oral, was uncontroverted as the respondent failed to respond to the petition. The court was satisfied that the marriage had irretrievably broken down due to the respondent's desertion, and the petitioner was not at fault. Consequently, the court decreed the dissolution of the marriage and granted joint custody of the children to both parties.

Citation
[2013] KEHC 2224 (KLR)
Parties
Petitioner: C A; Respondent: C A
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
15 August 2013
Case Number
Divorce Cause 150 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for dissolution of marriage allowed; marriage dissolved.
Legal Topics
Dissolution of Marriage, Desertion, Custody of Children
Source Language
English
Family and Children Dissolution of Marriage Desertion Custody of Children

Case Brief

Summary, issues, holding and outcome

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Parties

C A

Petitioner

C A

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner, leading to the irretrievable breakdown of the marriage.
  2. 2 Whether the petitioner contributed to the breakdown of the marriage.
  3. 3 Whether the petitioner is entitled to dissolution of marriage and custody orders.

Ratio Decidendi

The court found that the respondent deserted the petitioner without reasonable cause by refusing to join him in Connecticut, resulting in a prolonged separation and absence of conjugal relations. The evidence, both documentary and oral, was uncontroverted as the respondent failed to respond to the petition. The court was satisfied that the marriage had irretrievably broken down due to the respondent's desertion, and the petitioner was not at fault. Consequently, the court decreed the dissolution of the marriage and granted joint custody of the children to both parties.

Court Disposition

Petition for dissolution of marriage allowed; marriage dissolved.

Orders

  • Decree nisi for dissolution of marriage to issue forthwith and to be made absolute after thirty (30) days.
  • Joint custody of the children granted to both parties.