[2014] KEHC 6477 (KLR)

[2014] KEHC 6477 (KLR)

The court found that the respondent deserted the matrimonial home shortly after the marriage and failed to return, with no evidence to the contrary. The petitioner's allegations remained uncontroverted as the respondent did not file an answer or present evidence. The court was satisfied that the marriage had irretrievably broken down due to desertion, and there was no evidence of collusion or condonation. Accordingly, the court dissolved the marriage under the applicable provisions of the Marriage Act.

Citation
[2014] KEHC 6477 (KLR)
Parties
Petitioner: H T S; Respondent: T K W
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
14 March 2014
Case Number
Divorce Cause 244 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
petition 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

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Parties

H T S

Petitioner

T K W

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the matrimonial home, thereby justifying dissolution of the marriage.
  2. 2 Whether the marriage has irretrievably broken down.

Ratio Decidendi

The court found that the respondent deserted the matrimonial home shortly after the marriage and failed to return, with no evidence to the contrary. The petitioner's allegations remained uncontroverted as the respondent did not file an answer or present evidence. The court was satisfied that the marriage had irretrievably broken down due to desertion, and there was no evidence of collusion or condonation. Accordingly, the court dissolved the marriage under the applicable provisions of the Marriage Act.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated between the petitioner and respondent on 26th June 2009 is dissolved.
  • Decree nisi to issue forthwith and to be made absolute after thirty (30) days.