[2009] KEHC 3003 (KLR)

[2009] KEHC 3003 (KLR)

The court found that the petitioner had established both grounds of desertion and adultery as alleged in the petition. The respondent did not contest the petition or provide any evidence to the contrary. The court accepted the petitioner's uncontradicted testimony that the respondent deserted the matrimonial home on 9th January 2007 and had engaged in extra-marital affairs resulting in the birth of a child out of wedlock. The court concluded that the marriage had irretrievably broken down and that the legal requirements for dissolution under the Marriage Act had been satisfied. Accordingly, the court ordered the dissolution of the marriage and issued a decree nisi to be made absolute...

Citation
[2009] KEHC 3003 (KLR)
Parties
Petitioner: HPW; Respondent: WAAA
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
13 May 2009
Case Number
Divorce Cause 53 of 2007
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Divorce, Adultery, Desertion, Custody of Children
Source Language
English
Family and Children Divorce Adultery Desertion Custody of Children

Case Brief

Summary, issues, holding and outcome

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Parties

HPW

Petitioner

WAAA

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the matrimonial home, constituting a ground for divorce.
  2. 2 Whether the respondent committed adultery, constituting a ground for divorce.
  3. 3 Whether the marriage has irretrievably broken down.

Ratio Decidendi

The court found that the petitioner had established both grounds of desertion and adultery as alleged in the petition. The respondent did not contest the petition or provide any evidence to the contrary. The court accepted the petitioner's uncontradicted testimony that the respondent deserted the matrimonial home on 9th January 2007 and had engaged in extra-marital affairs resulting in the birth of a child out of wedlock. The court concluded that the marriage had irretrievably broken down and that the legal requirements for dissolution under the Marriage Act had been satisfied. Accordingly, the court ordered the dissolution of the marriage and issued a decree nisi to be made absolute...

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • Decree nisi to issue forthwith and to be made absolute after one month.