[2015] KEHC 3275 (KLR)

[2015] KEHC 3275 (KLR)

The court found that the respondent deserted the petitioner, as evidenced by her departure from the matrimonial home, refusal to return despite opportunities, and lack of communication. The respondent did not attend the hearing or provide evidence to counter the petitioner's claims, rendering the petitioner's...

Source-derived case information.

Citation
[2015] KEHC 3275 (KLR)
Parties
Applicant: D M K; Respondent: S M M
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
31 July 2015
Case Number
Divorce Cause 118 of 2014
Procedural Posture
Divorce Cause / Judgment
Outcome
Marriage dissolved on ground of desertion; decree nisi to issue and become absolute after 30 days; no order as to costs.
Judges
DN Musyoka
Legal Topics
Divorce, Desertion, Cruelty, Irretrievable Breakdown, Matrimonial Offences
Source Language
english
Family and Children Divorce Desertion Cruelty Irretrievable Breakdown Matrimonial Offences

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Parties

D M K

Applicant

S M M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent is guilty of desertion as alleged by the petitioner.
  2. 2 Whether the marriage between the parties has irretrievably broken down.
  3. 3 Whether there was collusion or condonation in the bringing of these proceedings.

Ratio Decidendi

The court found that the respondent deserted the petitioner, as evidenced by her departure from the matrimonial home, refusal to return despite opportunities, and lack of communication. The respondent did not attend the hearing or provide evidence to counter the petitioner's claims, rendering the petitioner's evidence uncontroverted. The court was satisfied that a valid marriage existed, as admitted by both parties in their pleadings, despite the absence of a marriage certificate. The court further found that the marriage had irretrievably broken down, with no evidence of collusion or condonation. The respondent's allegations of cruelty were not substantiated due to lack of evidence....

Court Disposition

Marriage dissolved on ground of desertion; decree nisi to issue and become absolute after 30 days; no order as to costs.

Orders

  • The marriage celebrated between the petitioner and respondent on 8th December 2009 is hereby dissolved.
  • Decree nisi shall issue forthwith and shall be made absolute after thirty (30) days.