[2011] KEHC 2163 (KLR)

[2011] KEHC 2163 (KLR)

The court found that the respondent deserted the petitioner and their children in 1984 and has not resumed cohabitation for over 27 years. The petition was filed in 2009, satisfying the statutory requirement of at least three years of desertion prior to filing. The petitioner's evidence was unchallenged and there was no indication of collusion, connivance, or condonation. The court concluded that the marriage had irretrievably broken down and granted a decree nisi for dissolution of the marriage, to be made absolute within the statutory period. No order as to costs was made.

Citation
[2011] KEHC 2163 (KLR)
Parties
Petitioner: F.M.O.; Respondent: Z.R.
Court
High Court
Court Station
High Court at Kisii
Jurisdiction
Kenya
Judgment Date
4 May 2011
Case Number
Divorce Cause 9 of 2009
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Divorce, Desertion, Irretrievable Breakdown of Marriage
Source Language
English
Family and Children Divorce Desertion Irretrievable Breakdown of Marriage

Case Brief

Summary, issues, holding and outcome

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Parties

F.M.O.

Petitioner

Z.R.

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner for a continuous period of at least three years prior to the filing of the petition.
  2. 2 Whether the marriage between the petitioner and respondent has irretrievably broken down due to desertion and cruelty.
  3. 3 Whether the petitioner is entitled to dissolution of the marriage.

Ratio Decidendi

The court found that the respondent deserted the petitioner and their children in 1984 and has not resumed cohabitation for over 27 years. The petition was filed in 2009, satisfying the statutory requirement of at least three years of desertion prior to filing. The petitioner's evidence was unchallenged and there was no indication of collusion, connivance, or condonation. The court concluded that the marriage had irretrievably broken down and granted a decree nisi for dissolution of the marriage, to be made absolute within the statutory period. No order as to costs was made.

Court Disposition

petition allowed; marriage dissolved

Orders

  • A decree nisi shall issue forthwith to be made absolute within the statutory period.
  • There shall be no order as to costs.