[2014] KEHC 8502 (KLR)
The court found that the respondent deserted the petitioner by moving out of the matrimonial home and refusing reconciliation efforts. The evidence established that the parties had not communicated for a year prior to the respondent's departure and that the respondent showed no interest in resuming cohabitation. The...
Source-derived case information.
- Citation
- [2014] KEHC 8502 (KLR)
- Parties
- Petitioner: J K M; Respondent: B G K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 110 of 2014
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition for divorce allowed. Marriage dissolved on ground of desertion.
- Judges
- AO Muchelule
- Legal Topics
- Divorce, Desertion, Matrimonial Breakdown
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J K M
Petitioner
B G K
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent has irretrievably broken down due to desertion.
- 2 Whether the petitioner is entitled to a decree of divorce on the ground of desertion.
Ratio Decidendi
The court found that the respondent deserted the petitioner by moving out of the matrimonial home and refusing reconciliation efforts. The evidence established that the parties had not communicated for a year prior to the respondent's departure and that the respondent showed no interest in resuming cohabitation. The court accepted the petitioner's testimony as unchallenged and concluded that the marriage had irretrievably broken down due to desertion. Accordingly, the court ordered the dissolution of the marriage under the applicable law.
Court Disposition
Petition for divorce allowed. Marriage dissolved on ground of desertion.
Orders
- The marriage between the petitioner and respondent is dissolved.
- Decree nisi to issue immediately and become absolute in 30 days.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
DIVORCE CAUSE NO. 110 OF 2014
J K M……...…...…………PETITIONER
VERSUS
B G K…………………..….RESPONDENT
JUDGMENT
This is undefended Cause. The petitioner testified that on 24th June 2005 she and the respondent got married under the Marriage Act (Cap 150)and they set up a matrimonial home in Nairobi. The couple did not get children.
On 30th December 2010 the respondent moved out of the matrimonial home. This followed one year of living together without talking after constant quarrelling. The petitioner tried to reach out to the respondent through his mother and uncle but he was not interested. In the view of the petitioner, the marriage has broken down beyond repair. I accept that evidence.
On ground of desertion, I order the dissolution of the marriage between the petitioner and the respondent. Decree nisi shall issue immediately and shall become absolute in 30 days.
DATEDandDELIVEREDatNAIROBIthis 21stday of November 2014
A.O. MUCHELULE
JUDGE