[2014] KEHC 2208 (KLR)

[2014] KEHC 2208 (KLR)

The court found that the respondent's decision to live separately from the petitioner and their child since 2007 constituted desertion. The evidence was uncontroverted, and the parties had been separated for seven years, far exceeding the statutory minimum of two years required for a finding of irretrievable breakdown of marriage. The court held that the marriage had irretrievably broken down and granted the petition for divorce. The court also noted the petitioner's entitlement to seek custody and maintenance, though the primary order was the dissolution of the marriage.

Citation
[2014] KEHC 2208 (KLR)
Parties
Applicant: C W M; Respondent: E N M
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
28 October 2014
Case Number
Divorce Cause 29 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for divorce allowed. Decree nisi to issue, to be made absolute within three months.
Judges
JV Juma
Legal Topics
Divorce, Custody of Children, Maintenance, Matrimonial Breakdown
Source Language
English
Family and Children Divorce Custody of Children Maintenance Matrimonial Breakdown

Case Brief

Summary, issues, holding and outcome

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Parties

C W M

Applicant

E N M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
  2. 2 Whether the respondent's conduct amounts to desertion under the Marriage Act.
  3. 3 Whether the petitioner is entitled to custody of the child and maintenance.

Ratio Decidendi

The court found that the respondent's decision to live separately from the petitioner and their child since 2007 constituted desertion. The evidence was uncontroverted, and the parties had been separated for seven years, far exceeding the statutory minimum of two years required for a finding of irretrievable breakdown of marriage. The court held that the marriage had irretrievably broken down and granted the petition for divorce. The court also noted the petitioner's entitlement to seek custody and maintenance, though the primary order was the dissolution of the marriage.

Court Disposition

Petition for divorce allowed. Decree nisi to issue, to be made absolute within three months.

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • Decree nisi to issue, to be made absolute within three months of the judgment date.