[2013] KEHC 5707 (KLR)

[2013] KEHC 5707 (KLR)

The court found that the respondent deserted the petitioner on 8th June 2009 and never returned, and that all efforts at reconciliation had failed. The evidence of desertion was uncontroverted as the respondent did not appear or file any answer. The court was satisfied that there was no collusion or condonation between the parties. Consequently, the court held that the marriage had irretrievably broken down due to desertion and allowed the petition for dissolution of marriage.

Citation
[2013] KEHC 5707 (KLR)
Parties
Petitioner: F A C; Respondent: R N
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
27 June 2013
Case Number
Divorce Cause 161 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
DN Musyoka
Legal Topics
Divorce, Matrimonial Breakdown, Desertion, Undefended Petition
Source Language
English
Family and Children Divorce Matrimonial Breakdown Desertion Undefended Petition

Case Brief

Summary, issues, holding and outcome

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Parties

F A C

Petitioner

R N

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner, leading to the irretrievable breakdown of the marriage.
  2. 2 Whether there was collusion or condonation between the parties in bringing the proceedings.

Ratio Decidendi

The court found that the respondent deserted the petitioner on 8th June 2009 and never returned, and that all efforts at reconciliation had failed. The evidence of desertion was uncontroverted as the respondent did not appear or file any answer. The court was satisfied that there was no collusion or condonation between the parties. Consequently, the court held that the marriage had irretrievably broken down due to desertion and allowed the petition for dissolution of marriage.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated between the petitioner and respondent on 4th February 2009 is dissolved.
  • Decree nisi to issue forthwith, to be made absolute after thirty (30) days.