[2019] KEHC 10980 (KLR)

[2019] KEHC 10980 (KLR)

The court found that the Petitioner deserted the matrimonial home in 2012 and that the parties had not resumed cohabitation since. The Respondent's testimony was unchallenged as the Petitioner failed to attend the hearing. The court was satisfied that the marriage had irretrievably broken down due to the...

Source-derived case information.

Citation
[2019] KEHC 10980 (KLR)
Parties
Petitioner: ENC; Respondent: SNK
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
1 February 2019
Case Number
Divorce Cause 58 of 2015
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
M Thande
Legal Topics
Divorce, Custody of Children, Maintenance, Christian Marriage, Desertion, Cruelty
Source Language
english
Family and Children Divorce Custody of Children Maintenance Christian Marriage Desertion Cruelty

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Summary, issues, holding and outcome

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Parties

ENC

Petitioner

SNK

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the grounds for dissolution of a Christian marriage under the Marriage Act, 2014 have been established.
  2. 2 Whether the Petitioner or Respondent is guilty of cruelty or desertion.
  3. 3 Whether the marriage has irretrievably broken down.

Ratio Decidendi

The court found that the Petitioner deserted the matrimonial home in 2012 and that the parties had not resumed cohabitation since. The Respondent's testimony was unchallenged as the Petitioner failed to attend the hearing. The court was satisfied that the marriage had irretrievably broken down due to the Petitioner’s desertion, which caused the Respondent mental and emotional anguish. The statutory grounds for dissolution of a Christian marriage under Section 65 of the Marriage Act, 2014 were met. Accordingly, the court granted a decree of divorce, with the decree nisi to be made absolute within one month. Issues of child access were referred to the Children’s Court.

Court Disposition

petition allowed; marriage dissolved

Orders

  • Decree of divorce granted dissolving the marriage solemnised on 18.4.09 at [Particulars withheld] Church, Mombasa.
  • Decree nisi to issue and to be made absolute within 1 month.