[2014] KEHC 5657 (KLR)

[2014] KEHC 5657 (KLR)

The court found that the Petitioner and Respondent had been separated for nearly six years, with the Respondent having left the matrimonial home and not returned. The evidence established desertion and irretrievable breakdown of the marriage. Neither party expressed a desire to sustain the marriage. The court held that the matrimonial offence of desertion was proved to the required standard on a balance of probabilities, and that the marriage had irretrievably broken down. Accordingly, the court granted the petition for divorce and ordered the dissolution of the marriage.

Citation
[2014] KEHC 5657 (KLR)
Parties
Petitioner: D G; Respondent: A W N
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
4 March 2014
Case Number
Divorce Cause 153 of 2011
Procedural Posture
Divorce Cause / Judgment
Outcome
petition for divorce granted; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Matrimonial Offences, Desertion, Irretrievable Breakdown, Cruelty, Separation
Source Language
English
Family and Children Divorce Matrimonial Offences Desertion Irretrievable Breakdown Cruelty Separation

Case Brief

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Parties

D G

Petitioner

A W N

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent deserted the matrimonial home, constituting a matrimonial offence.
  2. 2 Whether the marriage between the Petitioner and Respondent has irretrievably broken down.
  3. 3 Whether the Petitioner is entitled to a decree of divorce.

Ratio Decidendi

The court found that the Petitioner and Respondent had been separated for nearly six years, with the Respondent having left the matrimonial home and not returned. The evidence established desertion and irretrievable breakdown of the marriage. Neither party expressed a desire to sustain the marriage. The court held that the matrimonial offence of desertion was proved to the required standard on a balance of probabilities, and that the marriage had irretrievably broken down. Accordingly, the court granted the petition for divorce and ordered the dissolution of the marriage.

Court Disposition

petition for divorce granted; marriage dissolved

Orders

  • The marriage celebrated between the Petitioner and the Respondent on 2nd February 2005 at the Registrar’s Office in Nairobi is hereby dissolved.
  • Decree nisi dissolving the said marriage is hereby issued.