[2011] KEHC 678 (KLR)

[2011] KEHC 678 (KLR)

The court found that the Petitioner had proved, on a balance of probabilities, that the Respondent deserted her in May 2006 and had not returned or contacted her since. The Respondent did not contest the petition or provide any rebuttal evidence. The statutory period for desertion as a ground for divorce had lapsed, and the marriage was deemed to have irretrievably broken down. The court was satisfied that the legal requirements for dissolution of marriage on the ground of desertion were met and accordingly granted the orders sought by the Petitioner.

Citation
[2011] KEHC 678 (KLR)
Parties
Petitioner: C.M.K; Respondent: T.E.K
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
17 November 2011
Case Number
Divorce Cause 33 of 2011
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
J Karanja
Legal Topics
Divorce, Desertion, Irretrievable Breakdown of Marriage
Source Language
English
Family and Children Divorce Desertion Irretrievable Breakdown of Marriage

Case Brief

Summary, issues, holding and outcome

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Parties

C.M.K

Petitioner

T.E.K

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent deserted the Petitioner without cause for the statutory period required for divorce.
  2. 2 Whether the marriage has irretrievably broken down and should be dissolved.

Ratio Decidendi

The court found that the Petitioner had proved, on a balance of probabilities, that the Respondent deserted her in May 2006 and had not returned or contacted her since. The Respondent did not contest the petition or provide any rebuttal evidence. The statutory period for desertion as a ground for divorce had lapsed, and the marriage was deemed to have irretrievably broken down. The court was satisfied that the legal requirements for dissolution of marriage on the ground of desertion were met and accordingly granted the orders sought by the Petitioner.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the Petitioner and Respondent is dissolved.
  • A decree nisi to issue forthwith.