[2016] KEHC 7663 (KLR)

[2016] KEHC 7663 (KLR)

The court found that the respondent deserted the petitioner in November 2011, leaving the matrimonial home and the child in the petitioner's care, and made no effort to return or respond to the petition. The petitioner's evidence was unchallenged and accepted by the court. On the basis of desertion, the court dissolved the marriage under the applicable law.

Citation
[2016] KEHC 7663 (KLR)
Parties
Petitioner: E.G.M.; Respondent: E.N.K.
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
14 April 2016
Case Number
Divorce Cause 7 of 2015
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
AO Muchelule
Legal Topics
Divorce, Desertion, Matrimonial Breakdown
Source Language
English
Family and Children Divorce Desertion Matrimonial Breakdown

Case Brief

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Parties

E.G.M.

Petitioner

E.N.K.

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner without cause.
  2. 2 Whether the marriage should be dissolved on the ground of desertion.

Ratio Decidendi

The court found that the respondent deserted the petitioner in November 2011, leaving the matrimonial home and the child in the petitioner's care, and made no effort to return or respond to the petition. The petitioner's evidence was unchallenged and accepted by the court. On the basis of desertion, the court dissolved the marriage under the applicable law.

Court Disposition

petition allowed; marriage dissolved

Orders

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