[2013] KEHC 1168 (KLR)

[2013] KEHC 1168 (KLR)

The court found that the Petitioner had proved, to the required standard, that the Respondent had deserted the matrimonial home since August 2009 and that the parties had lived separately for over four years. The evidence was uncontroverted as the Respondent did not defend the petition. The court was satisfied that...

Source-derived case information.

Citation
[2013] KEHC 1168 (KLR)
Parties
Petitioner: D M W; Respondent: M M N
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
1 November 2013
Case Number
Divorce Cause 193 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Matrimonial Offences, Desertion, Irretrievable Breakdown, Undefended Petition
Source Language
english
Family and Children Divorce Matrimonial Offences Desertion Irretrievable Breakdown Undefended Petition

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Summary, issues, holding and outcome

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Parties

D M W

Petitioner

M M 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, justifying dissolution.

Ratio Decidendi

The court found that the Petitioner had proved, to the required standard, that the Respondent had deserted the matrimonial home since August 2009 and that the parties had lived separately for over four years. The evidence was uncontroverted as the Respondent did not defend the petition. The court was satisfied that the marriage had irretrievably broken down, with all attempts at reconciliation having failed. Accordingly, the court held that the Petitioner was entitled to a decree of divorce on the ground of desertion and irretrievable breakdown of the marriage.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated between the Petitioner and the Respondent on 13th January 1994 is dissolved.
  • Decree nisi dissolving the marriage is issued.