[2014] KEHC 6438 (KLR)

[2014] KEHC 6438 (KLR)

The court found that the Petitioner and Respondent had been separated for more than six years, with the Respondent having left the matrimonial home in 2007 and not returning. The evidence adduced by the Petitioner, which was unchallenged due to the Respondent's non-appearance, established the matrimonial offence of desertion. The court was satisfied that the marriage had irretrievably broken down, with no possibility of reconciliation. Accordingly, the court granted the petition for divorce and ordered the dissolution of the marriage.

Citation
[2014] KEHC 6438 (KLR)
Parties
Petitioner: J B M; Respondent: S B
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
7 February 2014
Case Number
Divorce Cause 199 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for divorce granted; marriage dissolved.
Judges
LK Kimaru
Legal Topics
Divorce, Matrimonial Offences, Desertion, Irretrievable Breakdown, Undefended Petition
Source Language
English
Family and Children Divorce Matrimonial Offences Desertion Irretrievable Breakdown Undefended Petition

Case Brief

Summary, issues, holding and outcome

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Parties

J B M

Petitioner

S 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 between the Petitioner and Respondent has irretrievably broken down, warranting dissolution.

Ratio Decidendi

The court found that the Petitioner and Respondent had been separated for more than six years, with the Respondent having left the matrimonial home in 2007 and not returning. The evidence adduced by the Petitioner, which was unchallenged due to the Respondent's non-appearance, established the matrimonial offence of desertion. The court was satisfied that the marriage had irretrievably broken down, with no possibility of reconciliation. Accordingly, the court granted the petition for divorce and ordered the dissolution of the marriage.

Court Disposition

Petition for divorce granted; marriage dissolved.

Orders

  • The marriage celebrated on 20th December 1996 and formalized on 18th April 2001 is dissolved.
  • Decree nisi dissolving the marriage is issued.