[2015] KEHC 7747 (KLR)

[2015] KEHC 7747 (KLR)

The court found that the respondent deserted the petitioner by leaving the matrimonial home without notice or communication, cohabiting with another man, and relocating abroad. The petitioner's evidence was unchallenged and credible. The court held that the legal threshold for desertion as a ground for dissolution of marriage had been met, and therefore granted the order for dissolution of the marriage.

Citation
[2015] KEHC 7747 (KLR)
Parties
Petitioner: D M M; Respondent: J M J
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
18 September 2015
Case Number
Divorce Cause 14 of 2015
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed. Marriage dissolved on ground of desertion.
Judges
AO Muchelule
Legal Topics
Dissolution of Marriage, Desertion, Matrimonial Breakdown
Source Language
English
Family and Children Dissolution of Marriage Desertion Matrimonial Breakdown

Case Brief

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Parties

D M M

Petitioner

J M J

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 petitioner is entitled to a decree of divorce on the ground of desertion.

Ratio Decidendi

The court found that the respondent deserted the petitioner by leaving the matrimonial home without notice or communication, cohabiting with another man, and relocating abroad. The petitioner's evidence was unchallenged and credible. The court held that the legal threshold for desertion as a ground for dissolution of marriage had been met, and therefore granted the order for dissolution of the marriage.

Court Disposition

Petition allowed. Marriage dissolved on ground of desertion.

Orders

  • The marriage between the petitioner and the respondent is dissolved on the ground of desertion.
  • Decree nisi to issue and become absolute after 30 days.