[2016] KEHC 5239 (KLR)

[2016] KEHC 5239 (KLR)

The court found that the petitioner had proved his case for dissolution of marriage on the ground of desertion. The respondent left the matrimonial home on 31st May 2009 and had not returned for over three years by the time of the hearing. The evidence of the petitioner was unchallenged as the respondent failed to attend the hearing. The court was satisfied that the marriage had irretrievably broken down, and there was no possibility of reconciliation. Accordingly, the marriage solemnized on 2nd May 2003 in Swakopmund, Namibia, was dissolved. Each party was ordered to bear its own costs.

Citation
[2016] KEHC 5239 (KLR)
Parties
Petitioner: D S; Respondent: S S
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
14 April 2016
Case Number
Divorce Cause 98 of 2014
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
REA Ougo
Legal Topics
Divorce, Desertion, Cruelty, Irretrievable Breakdown, Matrimonial Causes, Costs of Proceedings
Source Language
English
Family and Children Divorce Desertion Cruelty Irretrievable Breakdown Matrimonial Causes Costs of Proceedings

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Parties

D S

Petitioner

S S

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner has proved grounds for dissolution of marriage under the Matrimonial Causes Act.
  2. 2 Whether the respondent deserted the matrimonial home, constituting a ground for divorce.
  3. 3 Whether the marriage has irretrievably broken down.

Ratio Decidendi

The court found that the petitioner had proved his case for dissolution of marriage on the ground of desertion. The respondent left the matrimonial home on 31st May 2009 and had not returned for over three years by the time of the hearing. The evidence of the petitioner was unchallenged as the respondent failed to attend the hearing. The court was satisfied that the marriage had irretrievably broken down, and there was no possibility of reconciliation. Accordingly, the marriage solemnized on 2nd May 2003 in Swakopmund, Namibia, was dissolved. Each party was ordered to bear its own costs.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the petitioner and the respondent solemnized on 2nd May 2003 is dissolved.
  • A decree nisi to issue and to be made absolute within 30 days.