[2014] KEHC 8638 (KLR)

[2014] KEHC 8638 (KLR)

The court found that the respondent left the matrimonial home in September 2012, relocated to Germany, and has not returned or communicated with the petitioner since. The evidence established that the respondent deserted the petitioner without justifiable cause. The court held that the petitioner had proved the ground of desertion as pleaded in her petition. Consequently, the marriage had broken down irretrievably, and the petitioner was entitled to a decree of divorce. The court therefore dissolved the marriage celebrated on 11th April 2012, ordered that a decree nisi issue forthwith, to be made absolute after thirty days, and made no order as to costs.

Citation
[2014] KEHC 8638 (KLR)
Parties
Petitioner: G. A. O; Respondent: E. O. O
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
28 November 2014
Case Number
Divorce Cause 173 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
REA Ougo
Legal Topics
Dissolution of Marriage, Desertion, Matrimonial Breakdown
Source Language
English
Family and Children Dissolution of Marriage Desertion Matrimonial Breakdown

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

G. A. O

Petitioner

E. O. O

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner without justifiable cause.
  2. 2 Whether the petitioner has proved grounds for dissolution of marriage under the Marriage Act.

Ratio Decidendi

The court found that the respondent left the matrimonial home in September 2012, relocated to Germany, and has not returned or communicated with the petitioner since. The evidence established that the respondent deserted the petitioner without justifiable cause. The court held that the petitioner had proved the ground of desertion as pleaded in her petition. Consequently, the marriage had broken down irretrievably, and the petitioner was entitled to a decree of divorce. The court therefore dissolved the marriage celebrated on 11th April 2012, ordered that a decree nisi issue forthwith, to be made absolute after thirty days, and made no order as to costs.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated between the petitioner and the respondent on 11th April 2012 is dissolved.
  • A decree nisi shall issue forthwith and may be made absolute after thirty (30) days.