[2015] KEHC 4716 (KLR)

[2015] KEHC 4716 (KLR)

The court found that the petitioner had established the ground of desertion as required by law, as the respondent left the matrimonial home in 2009 and there had been no cohabitation or reconciliation for over three years. The evidence was uncontroverted due to the respondent's non-appearance. The court was...

Source-derived case information.

Citation
[2015] KEHC 4716 (KLR)
Parties
Applicant: J C; Respondent: B G
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
29 May 2015
Case Number
Divorce Cause 184 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
REA Ougo
Legal Topics
Divorce, Desertion, Irretrievable Breakdown of Marriage, Matrimonial Causes
Source Language
english
Family and Children Divorce Desertion Irretrievable Breakdown of Marriage Matrimonial Causes

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Summary, issues, holding and outcome

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Parties

J C

Applicant

B G

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner, constituting a ground for divorce under the law.
  2. 2 Whether the marriage between the petitioner and respondent has irretrievably broken down.
  3. 3 Whether there is evidence of collusion between the parties in bringing the petition.

Ratio Decidendi

The court found that the petitioner had established the ground of desertion as required by law, as the respondent left the matrimonial home in 2009 and there had been no cohabitation or reconciliation for over three years. The evidence was uncontroverted due to the respondent's non-appearance. The court was satisfied that the marriage had irretrievably broken down, there was no evidence of collusion, and all statutory requirements for dissolution had been met. Accordingly, the court ordered the dissolution of the marriage and issued a decree nisi to be made absolute within 30 days.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the petitioner and respondent celebrated on 24/8/2007 is dissolved.
  • A decree nisi to issue forthwith and to be made absolute within 30 days.