[2014] KEHC 3885 (KLR)

[2014] KEHC 3885 (KLR)

The court found that the Respondent deserted the Petitioner by leaving the matrimonial home ten days after the marriage and failing to return for over ten years. The absence of any conjugal relations and the Respondent's lack of intention to resume cohabitation constituted clear evidence of desertion. The Petitioner...

Source-derived case information.

Citation
[2014] KEHC 3885 (KLR)
Parties
Petitioner: D V N; Respondent: R D K
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
10 June 2014
Case Number
Divorce Cause 85 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Matrimonial Offences, Desertion, Undefended Petition
Source Language
english
Family and Children Divorce Matrimonial Offences Desertion Undefended Petition

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Summary, issues, holding and outcome

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Parties

D V N

Petitioner

R D K

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent deserted the Petitioner, constituting a matrimonial offence justifying dissolution of marriage.
  2. 2 Whether the Petitioner is entitled to a decree of divorce on grounds of desertion.

Ratio Decidendi

The court found that the Respondent deserted the Petitioner by leaving the matrimonial home ten days after the marriage and failing to return for over ten years. The absence of any conjugal relations and the Respondent's lack of intention to resume cohabitation constituted clear evidence of desertion. The Petitioner established the matrimonial offence of desertion, entitling him to a decree of divorce. The court therefore granted the petition and ordered the dissolution of the marriage.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage solemnized on 16th August 2003 at A.C.K Emmanuel Church at Jilore in Malindi between the Petitioner and the Respondent is hereby dissolved.
  • Decree nisi dissolving the said marriage is hereby issued.