[2013] KEHC 1840 (KLR)

[2013] KEHC 1840 (KLR)

The court found that the Petitioner had proved, on a balance of probabilities, that the Respondent deserted the matrimonial home in October 1998 and had since lived separately, including outside Kenya. The Respondent did not contest the petition, and the evidence of desertion was uncontroverted. The court was satisfied that the marriage had irretrievably broken down, with the parties separated for over fifteen years and all reconciliation efforts unsuccessful. The legal requirements for dissolution of marriage on grounds of desertion were met. Accordingly, the court granted a decree nisi dissolving the marriage, to be made absolute after thirty days.

Citation
[2013] KEHC 1840 (KLR)
Parties
Petitioner: C S; Respondent: D C K S
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
27 June 2013
Case Number
Divorce Cause 173 of 2011
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
LK Kimaru, DN Musyoka
Legal Topics
Divorce, Matrimonial Offences, Desertion, Irretrievable Breakdown, Custody, Marriage Dissolution
Source Language
English
Family and Children Divorce Matrimonial Offences Desertion Irretrievable Breakdown Custody Marriage Dissolution

Case Brief

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Parties

C S

Petitioner

D C K 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, warranting dissolution.

Ratio Decidendi

The court found that the Petitioner had proved, on a balance of probabilities, that the Respondent deserted the matrimonial home in October 1998 and had since lived separately, including outside Kenya. The Respondent did not contest the petition, and the evidence of desertion was uncontroverted. The court was satisfied that the marriage had irretrievably broken down, with the parties separated for over fifteen years and all reconciliation efforts unsuccessful. The legal requirements for dissolution of marriage on grounds of desertion were met. Accordingly, the court granted a decree nisi dissolving the marriage, to be made absolute after thirty days.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated between the Petitioner and Respondent on 26th July 1991 is dissolved.
  • A decree nisi dissolving the marriage is issued, to be made absolute thirty (30) days from the date of judgment.