[2014] KEHC 8405 (KLR)
The court found that the respondent deserted the matrimonial home in January 2010 and that the parties had lived separately since then. The evidence satisfied the court that the respondent was guilty of desertion, which is a recognized ground for dissolution of marriage. Accordingly, the court ordered the...
Source-derived case information.
- Citation
- [2014] KEHC 8405 (KLR)
- Parties
- Applicant: G M O; Respondent: N K S
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 156 of 2013
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition allowed. Marriage dissolved on grounds of desertion.
- Judges
- AO Muchelule
- Legal Topics
- Divorce, Matrimonial Desertion, Dissolution of Marriage
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
G M O
Applicant
N K S
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent deserted the matrimonial home, constituting grounds for divorce.
- 2 Whether the marriage between the petitioner and respondent should be dissolved.
Ratio Decidendi
The court found that the respondent deserted the matrimonial home in January 2010 and that the parties had lived separately since then. The evidence satisfied the court that the respondent was guilty of desertion, which is a recognized ground for dissolution of marriage. Accordingly, the court ordered the dissolution of the marriage between the petitioner and the respondent.
Court Disposition
Petition allowed. Marriage dissolved on grounds of desertion.
Orders
- Decree nisi to issue immediately and become absolute after six months.
- Respondent to pay the costs of the petition.
Full Case Text
Judgment text and source record
13 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CAUSE NO. 156 OF 2013
G M O………………………….PETITIONER
VERSES
N K S……………………………......RESPONDENT
JUDGMENT
The petitioner and the respondent got married on 20th June 2008 at the Attorney General’s Chambers and stayed, first, at Parklands and, later, at Westlands. In January 2010, the parties separated by the respondent deserting the matrimonial home. Since then they have lived separately. In evidence, the petitioner stated that they got a son, although there was no reference to him in the petition.
On the evidence, I am satisfied that the respondent is guilty of desertion. On that ground I order the dissolution of the marriage between the parties. Decree nisi shall issue immediately and shall become absolute after the statutory six months. I ask that the respondent pays the costs of the petition.
DATED and DELIVERED at NAIROBI this 5th June 2014.
A.O. MUCHELULE
JUDGE