[2014] KEHC 608 (KLR)

[2014] KEHC 608 (KLR)

The court found that the petitioner had proved, on a balance of probabilities, that the respondent deserted the matrimonial home in 2005 and has had no contact with the petitioner or their child since then. The marriage has irretrievably broken down as defined under section 66(6)(e) of the Marriage Act, 2013. There were no claims to property or financial support, and the matter proceeded as undefended. The court therefore ordered the dissolution of the marriage, issuing a decree nisi forthwith and a decree absolute in 30 days, with no orders as to property, financial support, or child maintenance. Each party was ordered to bear its own costs.

Citation
[2014] KEHC 608 (KLR)
Parties
Applicant: J. N. K; Respondent: E. W. M
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
3 October 2014
Case Number
Divorce Cause 164 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
MW Muigai
Legal Topics
Divorce, Desertion, Irretrievable Breakdown of Marriage, Child Custody, Matrimonial Proceedings
Source Language
English
Family and Children Divorce Desertion Irretrievable Breakdown of Marriage Child Custody Matrimonial Proceedings

Case Brief

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Parties

J. N. K

Applicant

E. W. M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner has proved grounds for dissolution of marriage based on desertion.
  2. 2 Whether the marriage has irretrievably broken down under section 66 of the Marriage Act, 2013.
  3. 3 Whether there are any claims to property or financial support arising from the marriage.

Ratio Decidendi

The court found that the petitioner had proved, on a balance of probabilities, that the respondent deserted the matrimonial home in 2005 and has had no contact with the petitioner or their child since then. The marriage has irretrievably broken down as defined under section 66(6)(e) of the Marriage Act, 2013. There were no claims to property or financial support, and the matter proceeded as undefended. The court therefore ordered the dissolution of the marriage, issuing a decree nisi forthwith and a decree absolute in 30 days, with no orders as to property, financial support, or child maintenance. Each party was ordered to bear its own costs.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the petitioner and respondent is dissolved under section 66 of the Marriage Act, 2013.
  • A decree nisi to issue forthwith.