[2015] KEHC 4807 (KLR)

[2015] KEHC 4807 (KLR)

The court found that the Petitioner had established, through her affidavit and uncontroverted evidence, that the Respondent deserted her after two years of marriage, failed to communicate, provide maintenance, or fulfill marital obligations, and that the marriage had irretrievably broken down. The Respondent, though served, did not contest the Petition or file any response. The court was satisfied that the grounds for dissolution were met under the Marriage Act and that the marriage could not be salvaged. Accordingly, the court ordered the dissolution of the marriage and issued a decree nisi to be made absolute after thirty days.

Citation
[2015] KEHC 4807 (KLR)
Parties
Petitioner: C M; Respondent: J O M
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
22 May 2015
Case Number
Divorce Cause 32 of 2014
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
LA Achode
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 M

Petitioner

J O M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent deserted the Petitioner, thereby justifying dissolution of the marriage.
  2. 2 Whether the marriage between the Petitioner and Respondent has irretrievably broken down.

Ratio Decidendi

The court found that the Petitioner had established, through her affidavit and uncontroverted evidence, that the Respondent deserted her after two years of marriage, failed to communicate, provide maintenance, or fulfill marital obligations, and that the marriage had irretrievably broken down. The Respondent, though served, did not contest the Petition or file any response. The court was satisfied that the grounds for dissolution were met under the Marriage Act and that the marriage could not be salvaged. Accordingly, the court ordered the dissolution of the marriage and issued a decree nisi to be made absolute after thirty days.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated between the Petitioner and Respondent at the Registrar’s office in Nairobi on 14th May 2003 is hereby dissolved.
  • Decree nisi dissolving the said marriage is hereby issued to be made absolute thirty (30) days from the date of this judgment.