[2015] KEHC 2132 (KLR)

[2015] KEHC 2132 (KLR)

The court found that the Petitioner had proved, on a balance of probabilities, that the Respondent deserted the matrimonial home in 2011 and had not returned since. The Respondent failed to contest the petition or provide any evidence to the contrary. The statutory period of three years had elapsed since the marriage, and the evidence satisfied the requirements of Section 66 of the Marriage Act 2014. The court was therefore satisfied that the ground of desertion had been established and that the marriage had irretrievably broken down, warranting dissolution.

Citation
[2015] KEHC 2132 (KLR)
Parties
Applicant: E.N.C; Respondent: D.M.N
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
25 September 2015
Case Number
Divorce Cause 2 of 2015
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
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.N.C

Applicant

D.M.N

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Petitioner has adduced sufficient evidence to warrant the dissolution of the marriage on the ground of desertion.
  2. 2 Whether the statutory requirements under Section 66 of the Marriage Act 2014 have been met.

Ratio Decidendi

The court found that the Petitioner had proved, on a balance of probabilities, that the Respondent deserted the matrimonial home in 2011 and had not returned since. The Respondent failed to contest the petition or provide any evidence to the contrary. The statutory period of three years had elapsed since the marriage, and the evidence satisfied the requirements of Section 66 of the Marriage Act 2014. The court was therefore satisfied that the ground of desertion had been established and that the marriage had irretrievably broken down, warranting dissolution.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the Petitioner and the Respondent solemnized on 23rd December 2009 is dissolved.
  • Decree nisi to issue forthwith.