[2014] KEHC 6254 (KLR)

[2014] KEHC 6254 (KLR)

The court found that the Petitioner and Respondent had been separated for over four years, with the Respondent having deserted the matrimonial home and relocated abroad. The Petitioner's testimony was uncontroverted, and efforts at reconciliation had failed. The court was satisfied that the Petitioner had established the matrimonial offences of desertion and cruelty, and that the marriage had irretrievably broken down. Consequently, the court granted the petition for divorce and ordered the dissolution of the marriage.

Citation
[2014] KEHC 6254 (KLR)
Parties
Applicant: E W K; Respondent: G M
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
17 March 2014
Case Number
Divorce Cause 92 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Matrimonial Offences, Desertion, Cruelty, Irretrievable Breakdown, Marriage Dissolution
Source Language
English
Family and Children Divorce Matrimonial Offences Desertion Cruelty Irretrievable Breakdown Marriage Dissolution

Case Brief

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Parties

E W K

Applicant

G M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent committed matrimonial offences of desertion and cruelty.
  2. 2 Whether the marriage between the Petitioner and Respondent has irretrievably broken down.
  3. 3 Whether the Petitioner is entitled to a decree of divorce.

Ratio Decidendi

The court found that the Petitioner and Respondent had been separated for over four years, with the Respondent having deserted the matrimonial home and relocated abroad. The Petitioner's testimony was uncontroverted, and efforts at reconciliation had failed. The court was satisfied that the Petitioner had established the matrimonial offences of desertion and cruelty, and that the marriage had irretrievably broken down. Consequently, the court granted the petition for divorce and ordered the dissolution of the marriage.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated on 24th November 2001 between the Petitioner and Respondent is dissolved.
  • Decree nisi dissolving the marriage is issued.