[2014] KEHC 2017 (KLR)
The court found that the respondent deserted the petitioner in August 2010, ceased all communication, and relocated permanently to the U.K. Attempts at reconciliation were unsuccessful. The respondent did not contest the petition or participate in the proceedings. On the uncontroverted evidence of the petitioner and...
Source-derived case information.
- Citation
- [2014] KEHC 2017 (KLR)
- Parties
- Petitioner: E K N; Respondent: F O O
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Judgment Date
- 12 June 2014
- Case Number
- Divorce Cause 215 of 2013
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- AO Muchelule
- Legal Topics
- Divorce, Desertion, Dissolution of Marriage
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
E K N
Petitioner
F O O
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent deserted the petitioner, thereby justifying dissolution of the marriage.
- 2 Whether the marriage between the petitioner and respondent has irretrievably broken down.
Ratio Decidendi
The court found that the respondent deserted the petitioner in August 2010, ceased all communication, and relocated permanently to the U.K. Attempts at reconciliation were unsuccessful. The respondent did not contest the petition or participate in the proceedings. On the uncontroverted evidence of the petitioner and the established ground of desertion, the court held that the marriage had irretrievably broken down and could not be salvaged. Accordingly, the court ordered the dissolution of the marriage.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage between the petitioner and respondent is dissolved on the ground of desertion.
- Decree nisi to issue and become absolute after 30 days.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBIMILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CAUSE NO. 215 OF 2013
E K N..........................................................PETITIONER
VERSUS
F O O.......................................................RESPONDENT
JUDGMENT
1. The petitioner and the respondent got married on 9th December 2008 at the Registrar of Marriages at Nairobi. They lived and cohabited as husband and wife at Nairobi and Kiambu. The marriage does not have issues.
2. On 1st October 2013 the petitioner filed this petition seeking the dissolution of the marriage. In support of the petition, he testified that one Saturday in August 2010, following a disagreement, the respondent packed her belongings and left the matrimonial home. This was despite attempts to dissuade her. She blocked all communication thereafter. In 2011 the petitioner’s parents and brother got the couple to meet, but the discussion yielded no positive results. She has since relocated to the U.K. where she permanently resides. His testimony was that the marriage cannot be salvaged.
3. The petition was served but did not elicit any response.
4. On the petitioner’s evidence, and on the ground of desertion, I order the dissolution of the marriage. Decree nisi shall issue and shall become absolute upon the expiry of 30 days.
DATED and DELIVERED at NAIROBI this 12th June 2014.
A.O. MUCHELULE
JUDGE