[2014] KEHC 6423 (KLR)

[2014] KEHC 6423 (KLR)

The court found that the Petitioner had established the matrimonial offence of desertion by the Respondent, who left the matrimonial home in January 2002 and did not return. The parties had only cohabited for three years and had been separated for over ten years. All efforts at reconciliation had failed, and the Respondent had indicated disinterest in continuing the marriage. The court concluded that the marriage had irretrievably broken down and that there was no possibility of salvage. Accordingly, the court granted the petition for divorce and ordered the dissolution of the marriage solemnized on 28th December 2001.

Citation
[2014] KEHC 6423 (KLR)
Parties
Petitioner: E C K; Respondent: B C K
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
7 March 2014
Case Number
Divorce Cause 224 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Matrimonial Offences, Desertion, Irretrievable Breakdown, Customary Marriage, Decree Nisi
Source Language
English
Family and Children Divorce Matrimonial Offences Desertion Irretrievable Breakdown Customary Marriage Decree Nisi

Case Brief

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Parties

E C K

Petitioner

B C K

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent deserted the matrimonial home, constituting a matrimonial offence.
  2. 2 Whether the marriage between the Petitioner and Respondent has irretrievably broken down, warranting dissolution.
  3. 3 Whether the Petitioner is entitled to a decree of divorce.

Ratio Decidendi

The court found that the Petitioner had established the matrimonial offence of desertion by the Respondent, who left the matrimonial home in January 2002 and did not return. The parties had only cohabited for three years and had been separated for over ten years. All efforts at reconciliation had failed, and the Respondent had indicated disinterest in continuing the marriage. The court concluded that the marriage had irretrievably broken down and that there was no possibility of salvage. Accordingly, the court granted the petition for divorce and ordered the dissolution of the marriage solemnized on 28th December 2001.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage solemnized on 28th December 2001 between the Petitioner and the Respondent is dissolved.
  • A decree nisi dissolving the said marriage is issued.