[2015] KEHC 44 (KLR)

[2015] KEHC 44 (KLR)

The court found that the respondent deserted the petitioner one month after the marriage and has not returned for nine years. The evidence of desertion was uncontroverted, as the respondent failed to enter appearance or file an answer. The marriage was never consummated, and the petitioner suffered mental anguish. The court was satisfied that the marriage had irretrievably broken down due to desertion and non-consummation. Accordingly, the court granted the orders sought for dissolution of the marriage and costs to the petitioner.

Citation
[2015] KEHC 44 (KLR)
Parties
Petitioner: I M; Respondent: S M M
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
16 October 2015
Case Number
Divorce Cause 9 of 2011
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition allowed. Marriage dissolved on grounds of desertion. Costs awarded to petitioner.
Judges
NS Ndungu
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

I M

Petitioner

S M M

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner, thereby justifying dissolution of the marriage.
  2. 2 Whether the marriage has irretrievably broken down due to non-consummation and desertion.
  3. 3 Whether the petitioner is entitled to costs of the petition.

Ratio Decidendi

The court found that the respondent deserted the petitioner one month after the marriage and has not returned for nine years. The evidence of desertion was uncontroverted, as the respondent failed to enter appearance or file an answer. The marriage was never consummated, and the petitioner suffered mental anguish. The court was satisfied that the marriage had irretrievably broken down due to desertion and non-consummation. Accordingly, the court granted the orders sought for dissolution of the marriage and costs to the petitioner.

Court Disposition

Petition allowed. Marriage dissolved on grounds of desertion. Costs awarded to petitioner.

Orders

  • The marriage between the petitioner and the respondent is dissolved and a decree of divorce shall issue.
  • The respondent shall pay the costs of this petition.