[2014] KEHC 2159 (KLR)

[2014] KEHC 2159 (KLR)

The court found that the respondent deserted the matrimonial home on 18th August 2010 and made no effort to return or reconcile, despite the petitioner's attempts. The respondent was served with the petition but failed to respond or contest the allegations. The evidence of desertion was uncontroverted. The court was satisfied that the marriage had irretrievably broken down, there was no collusion or condonation, and the legal requirements for dissolution were met. Accordingly, the court granted a decree nisi for dissolution of the marriage, to be made absolute after sixty days.

Citation
[2014] KEHC 2159 (KLR)
Parties
Petitioner: H K R; Respondent: W C B
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
24 October 2014
Case Number
Divorce Cause 216 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for dissolution of marriage allowed; marriage dissolved.
Judges
DN Musyoka
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

H K R

Petitioner

W C B

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the matrimonial home, constituting a matrimonial offence.
  2. 2 Whether the marriage has irretrievably broken down, warranting dissolution.
  3. 3 Whether there was collusion or condonation between the parties in bringing the proceedings.

Ratio Decidendi

The court found that the respondent deserted the matrimonial home on 18th August 2010 and made no effort to return or reconcile, despite the petitioner's attempts. The respondent was served with the petition but failed to respond or contest the allegations. The evidence of desertion was uncontroverted. The court was satisfied that the marriage had irretrievably broken down, there was no collusion or condonation, and the legal requirements for dissolution were met. Accordingly, the court granted a decree nisi for dissolution of the marriage, to be made absolute after sixty days.

Court Disposition

Petition for dissolution of marriage allowed; marriage dissolved.

Orders

  • The marriage celebrated between the petitioner and respondent on 29th September 2009 is hereby dissolved.
  • Decree nisi shall issue forthwith and shall be made absolute after sixty (60) days.