[2013] KEHC 1192 (KLR)

[2013] KEHC 1192 (KLR)

The court found that the parties had been separated for more than twelve years, which constituted sufficient proof that the marriage had irretrievably broken down. The evidence established the matrimonial offence of desertion by the respondent. Although the respondent expressed willingness to reconcile, the...

Source-derived case information.

Citation
[2013] KEHC 1192 (KLR)
Parties
Petitioner: J O O; Respondent: B C
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
31 October 2013
Case Number
Divorce Cause 18 of 2008
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for divorce granted; marriage dissolved.
Judges
LK Kimaru
Legal Topics
Divorce, Matrimonial Offences, Desertion, Custody of Children
Source Language
english
Family and Children Divorce Matrimonial Offences Desertion Custody of Children

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

J O O

Petitioner

B C

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
  2. 2 Whether the respondent committed the matrimonial offence of desertion.
  3. 3 Whether the petitioner or respondent is entitled to custody of the children.

Ratio Decidendi

The court found that the parties had been separated for more than twelve years, which constituted sufficient proof that the marriage had irretrievably broken down. The evidence established the matrimonial offence of desertion by the respondent. Although the respondent expressed willingness to reconcile, the prolonged separation indicated no realistic prospect of salvaging the marriage. The court therefore granted the petition for divorce on the ground of desertion. Since the children were adults, no custody orders were necessary. The court directed the parties to agree on maintenance for the respondent within thirty days, failing which either party could move the court. No order as to...

Court Disposition

Petition for divorce granted; marriage dissolved.

Orders

  • The marriage celebrated between the petitioner and respondent on 30th April 1990 is dissolved.
  • Decree nisi dissolving the marriage is issued, to be made absolute thirty days from the date of judgment.