[2015] KEHC 3597 (KLR)

[2015] KEHC 3597 (KLR)

The court found that the respondent had deserted the petitioner for over three years, with no indication of returning to resume cohabitation. The continued absence and lack of intention to return constituted desertion and led to the irretrievable breakdown of the marriage. The court was satisfied that the statutory grounds for dissolution of marriage had been met and therefore granted the dissolution of the marriage.

Citation
[2015] KEHC 3597 (KLR)
Parties
Petitioner: H M S; Respondent: A S
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
9 July 2015
Case Number
Divorce Cause 219 of 2014
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
REA Ougo
Legal Topics
Divorce, Desertion, Irretrievable Breakdown of Marriage
Source Language
English
Family and Children Divorce Desertion Irretrievable Breakdown of Marriage

Case Brief

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Parties

H M S

Petitioner

A S

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.
  2. 2 Whether the marriage between the petitioner and respondent has irretrievably broken down.

Ratio Decidendi

The court found that the respondent had deserted the petitioner for over three years, with no indication of returning to resume cohabitation. The continued absence and lack of intention to return constituted desertion and led to the irretrievable breakdown of the marriage. The court was satisfied that the statutory grounds for dissolution of marriage had been met and therefore granted the dissolution of the marriage.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the petitioner and respondent celebrated on 7th August 1988 is dissolved.
  • A decree nisi to issue forthwith and to be made absolute within 30 days.