[2015] KEHC 3602 (KLR)

[2015] KEHC 3602 (KLR)

The court found that the respondent deserted the petitioner without cause since January 2012 and has not returned or communicated since then. The respondent's absence and lack of interest in the marriage, coupled with his failure to fulfill his marital and parental responsibilities, constituted desertion and demonstrated that the marriage had irretrievably broken down. The court was satisfied that the legal requirements for dissolution of marriage on the ground of desertion had been met. Consequently, the marriage celebrated on 8th September 2007 was dissolved. The court advised the petitioner to seek custody orders for the child at the Children’s Court, as it was not within the current...

Citation
[2015] KEHC 3602 (KLR)
Parties
Petitioner: E W T; Respondent: E M N
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
9 July 2015
Case Number
Divorce Cause 36 of 2015
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
REA Ougo
Legal Topics
Divorce, Desertion, Custody of Children
Source Language
English
Family and Children Divorce Desertion Custody of Children

Case Brief

Summary, issues, holding and outcome

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Parties

E W T

Petitioner

E M N

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner without cause for a continuous period of at least two years preceding the petition.
  2. 2 Whether the marriage between the petitioner and respondent has irretrievably broken down and should be dissolved.
  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 petitioner without cause since January 2012 and has not returned or communicated since then. The respondent's absence and lack of interest in the marriage, coupled with his failure to fulfill his marital and parental responsibilities, constituted desertion and demonstrated that the marriage had irretrievably broken down. The court was satisfied that the legal requirements for dissolution of marriage on the ground of desertion had been met. Consequently, the marriage celebrated on 8th September 2007 was dissolved. The court advised the petitioner to seek custody orders for the child at the Children’s Court, as it was not within the current...

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the petitioner and respondent celebrated on 8th September 2007 is dissolved.
  • A decree nisi to issue forthwith and to be made absolute within 30 days.