[2010] KEHC 564 (KLR)

[2010] KEHC 564 (KLR)

The court found that the respondent deserted the matrimonial home in 1997 and had not returned for over twelve years. The separation was not consensual, and the respondent did not contest the petition. The court held that the marriage had irretrievably broken down due to the prolonged and unopposed desertion. Accordingly, the court granted an order for divorce and directed that a decree absolute issue forthwith. Custody of the children was retained by the respondent, and each party was to bear its own costs.

Citation
[2010] KEHC 564 (KLR)
Parties
Petitioner: C.S; Respondent: L.C
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
15 December 2010
Case Number
Divorce Cause 10 of 2006
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
PM Mwilu
Legal Topics
Divorce, Dissolution of Marriage, Desertion, Custody of Children
Source Language
English
Family and Children Divorce Dissolution of Marriage Desertion Custody of Children

Case Brief

Summary, issues, holding and outcome

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Parties

C.S

Petitioner

L.C

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the matrimonial home without the petitioner's consent or connivance.
  2. 2 Whether the marriage has irretrievably broken down due to prolonged separation.
  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 1997 and had not returned for over twelve years. The separation was not consensual, and the respondent did not contest the petition. The court held that the marriage had irretrievably broken down due to the prolonged and unopposed desertion. Accordingly, the court granted an order for divorce and directed that a decree absolute issue forthwith. Custody of the children was retained by the respondent, and each party was to bear its own costs.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • A decree absolute shall issue forthwith.