[2011] KEHC 1695 (KLR)

[2011] KEHC 1695 (KLR)

The court found that the respondent deserted the matrimonial home in February 2006 and had not made any effort to resume cohabitation for over five years. The evidence adduced by the petitioner was unchallenged and established that the marriage had irretrievably broken down on the ground of desertion. The court held that reconciliation was not possible given the length of separation and the respondent's relocation abroad. Accordingly, the court dissolved the marriage and issued a decree nisi to be made absolute after thirty days.

Citation
[2011] KEHC 1695 (KLR)
Parties
Petitioner: C.K.S; Respondent: A.J.S
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
12 May 2011
Case Number
Divorce Cause 84 of 2009
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Desertion, Irretrievable Breakdown of Marriage
Source Language
English
Family and Children Divorce Desertion Irretrievable Breakdown of Marriage

Case Brief

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Parties

C.K.S

Petitioner

A.J.S

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner without justifiable cause.
  2. 2 Whether the marriage has irretrievably broken down due to desertion.
  3. 3 Whether the petitioner is entitled to a decree of divorce on the ground of desertion.

Ratio Decidendi

The court found that the respondent deserted the matrimonial home in February 2006 and had not made any effort to resume cohabitation for over five years. The evidence adduced by the petitioner was unchallenged and established that the marriage had irretrievably broken down on the ground of desertion. The court held that reconciliation was not possible given the length of separation and the respondent's relocation abroad. Accordingly, the court dissolved the marriage and issued a decree nisi to be made absolute after thirty days.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated at the Registrar’s office in Nairobi between the petitioner and the respondent on 15th December 2005 is hereby dissolved.
  • Decree nisi dissolving the said marriage is hereby issued.