[2014] KEHC 6500 (KLR)

[2014] KEHC 6500 (KLR)

The court found that the respondent had wilfully deserted the petitioner since September 2008, and that the marriage had irretrievably broken down. The respondent failed to contest the petition or provide any evidence to the contrary. The court was satisfied that there was no collusion or condonation of adultery....

Source-derived case information.

Citation
[2014] KEHC 6500 (KLR)
Parties
Petitioner: D O G; Respondent: S A O
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
14 March 2014
Case Number
Divorce Cause 90 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
DN Musyoka
Legal Topics
Divorce, Desertion, Irretrievable Breakdown of Marriage
Source Language
english
Family and Children Divorce Desertion Irretrievable Breakdown of Marriage

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Summary, issues, holding and outcome

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Parties

D O G

Petitioner

S A O

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner, thereby justifying dissolution of the marriage.
  2. 2 Whether the marriage has irretrievably broken down under the law.

Ratio Decidendi

The court found that the respondent had wilfully deserted the petitioner since September 2008, and that the marriage had irretrievably broken down. The respondent failed to contest the petition or provide any evidence to the contrary. The court was satisfied that there was no collusion or condonation of adultery. Consequently, the court held that the legal requirements for dissolution of marriage on the ground of desertion had been met and granted the decree nisi, to be made absolute after thirty days.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated between the petitioner and respondent on 29th November 2002 is dissolved.
  • Decree nisi to issue forthwith and to be made absolute after thirty (30) days.