[2013] KEHC 2607 (KLR)

[2013] KEHC 2607 (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 since August 2008. The respondent did not contest the petition or provide any explanation for her conduct. The court was satisfied that the marriage had irretrievably broken down due to the respondent's desertion and that the petitioner was not responsible for the breakdown. Consequently, the court decreed the dissolution of the marriage and granted joint custody of the children to both parties.

Citation
[2013] KEHC 2607 (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 50 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
petition 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 since August 2008. The respondent did not contest the petition or provide any explanation for her conduct. The court was satisfied that the marriage had irretrievably broken down due to the respondent's desertion and that the petitioner was not responsible for the breakdown. Consequently, the court decreed the dissolution of the marriage and granted joint custody of the children to both parties.

Court Disposition

petition 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.