[2015] KEHC 3871 (KLR)

[2015] KEHC 3871 (KLR)

The court found that the Respondent deserted the matrimonial home for over six years without justifiable cause, abandoned the child, and failed to communicate or participate in reconciliation efforts. The evidence was uncontroverted as the Respondent did not file any response or appear in court. The statutory requirements under Section 66 of the Marriage Act were satisfied, including the lapse of three years since marriage and the existence of desertion and separation for the requisite periods. The court concluded that the marriage had irretrievably broken down and granted the orders sought by the Petitioner, including dissolution of the marriage and custody of the child to the Petitioner.

Citation
[2015] KEHC 3871 (KLR)
Parties
Petitioner: D.M; Respondent: H.M
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
26 June 2015
Case Number
Divorce Cause 232 of 2014
Procedural Posture
Divorce Cause / Judgment
Outcome
petition upheld; marriage dissolved; custody of child to petitioner; costs to respondent
Legal Topics
Divorce, Desertion, Child Custody, Irretrievable Breakdown, Matrimonial Offences
Source Language
English
Family and Children Divorce Desertion Child Custody Irretrievable Breakdown Matrimonial Offences

Case Brief

Summary, issues, holding and outcome

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Parties

D.M

Petitioner

H.M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent deserted the matrimonial home without justifiable cause for a period sufficient to warrant dissolution of marriage.
  2. 2 Whether the marriage between the Petitioner and Respondent has irretrievably broken down under the Marriage Act.
  3. 3 Whether the Petitioner is entitled to custody of the child of the marriage.

Ratio Decidendi

The court found that the Respondent deserted the matrimonial home for over six years without justifiable cause, abandoned the child, and failed to communicate or participate in reconciliation efforts. The evidence was uncontroverted as the Respondent did not file any response or appear in court. The statutory requirements under Section 66 of the Marriage Act were satisfied, including the lapse of three years since marriage and the existence of desertion and separation for the requisite periods. The court concluded that the marriage had irretrievably broken down and granted the orders sought by the Petitioner, including dissolution of the marriage and custody of the child to the Petitioner.

Court Disposition

petition upheld; marriage dissolved; custody of child to petitioner; costs to respondent

Orders

  • The petition is upheld.
  • The marriage between the Petitioner and the Respondent solemnized on 11th March 2008 is dissolved due to desertion by the Respondent for more than six years.