[2014] KEHC 6319 (KLR)

[2014] KEHC 6319 (KLR)

The court found that the petitioner had established the matrimonial offence of desertion, as the respondent had left the matrimonial home in October 2005 and had not returned for over eight years. The court was satisfied that all efforts at reconciliation had failed and that the marriage had irretrievably broken down. The absence of any response or defence from the respondent further supported the petitioner's case. Consequently, the court granted the petition for divorce and ordered the dissolution of the marriage.

Citation
[2014] KEHC 6319 (KLR)
Parties
Petitioner: D.C.K; Respondent: I.W.C
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
24 March 2014
Case Number
Divorce Cause 49 of 2010
Procedural Posture
Divorce Cause / Judgment
Outcome
petition for divorce granted; 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

Case Brief

Summary, issues, holding and outcome

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Parties

D.C.K

Petitioner

I.W.C

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner established grounds for divorce under the African Christian Marriage and Divorce Act.
  2. 2 Whether the respondent deserted the matrimonial home, constituting a matrimonial offence.
  3. 3 Whether the marriage has irretrievably broken down.

Ratio Decidendi

The court found that the petitioner had established the matrimonial offence of desertion, as the respondent had left the matrimonial home in October 2005 and had not returned for over eight years. The court was satisfied that all efforts at reconciliation had failed and that the marriage had irretrievably broken down. The absence of any response or defence from the respondent further supported the petitioner's case. Consequently, 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 respondent on 6th August 2004 at St. Peter's Church in Nakuru is dissolved.
  • Decree nisi dissolving the marriage is issued.