[2014] KEHC 704 (KLR)

[2014] KEHC 704 (KLR)

The court found that the respondent deserted the petitioner in September 2005, taking the minor child and never returning. The respondent did not contest the petition or provide any evidence to the contrary. The petitioner's testimony was uncontroverted and credible. The court was satisfied that the marriage had irretrievably broken down due to desertion by the respondent. There was no evidence of collusion or condonation. Accordingly, the court held that the legal requirements for dissolution of marriage on the ground of desertion had been met and granted the orders sought by the petitioner.

Citation
[2014] KEHC 704 (KLR)
Parties
Petitioner: J R K; Respondent: K E H
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
19 December 2014
Case Number
Divorce Cause 12 of 2014
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Divorce, Desertion, Irretrievable Breakdown of Marriage
Source Language
English
Family and Children Divorce Desertion Irretrievable Breakdown of Marriage

Case Brief

Summary, issues, holding and outcome

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Parties

J R K

Petitioner

K E H

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner, leading to the breakdown of the marriage.
  2. 2 Whether the marriage has irretrievably broken down and should be dissolved.

Ratio Decidendi

The court found that the respondent deserted the petitioner in September 2005, taking the minor child and never returning. The respondent did not contest the petition or provide any evidence to the contrary. The petitioner's testimony was uncontroverted and credible. The court was satisfied that the marriage had irretrievably broken down due to desertion by the respondent. There was no evidence of collusion or condonation. Accordingly, the court held that the legal requirements for dissolution of marriage on the ground of desertion had been met and granted the orders sought by the petitioner.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated between the petitioner and respondent on 2nd July 2002 is dissolved.
  • Decree nisi to issue forthwith, to be made absolute after thirty (30) days.