[2011] KEHC 897 (KLR)

[2011] KEHC 897 (KLR)

The court found that the respondent deserted the matrimonial home without reasonable cause and rebuffed all attempts at reconciliation. The parties have lived separately since July 2006, and the respondent did not contest the petition. The court was satisfied that the marriage had irretrievably broken down and granted the petition for divorce, ordering the dissolution of the marriage and issuance of a decree nisi to be made absolute after six months.

Citation
[2011] KEHC 897 (KLR)
Parties
Petitioner: J.C.LFLOCH; Respondent: V.A.S.
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
30 June 2011
Case Number
Divorce Cause 32 of 2010
Procedural Posture
Divorce Petition / Judgment
Outcome
petition granted; marriage dissolved
Judges
DK Maraga
Legal Topics
Divorce, Desertion, Custody of Child
Source Language
English
Family and Children Divorce Desertion Custody of Child

Case Brief

Summary, issues, holding and outcome

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Parties

J.C.LFLOCH

Petitioner

V.A.S.

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the matrimonial home without reasonable cause.
  2. 2 Whether the marriage between the petitioner and respondent has irretrievably broken down.
  3. 3 Whether the petitioner is entitled to a decree of divorce and custody of the child.

Ratio Decidendi

The court found that the respondent deserted the matrimonial home without reasonable cause and rebuffed all attempts at reconciliation. The parties have lived separately since July 2006, and the respondent did not contest the petition. The court was satisfied that the marriage had irretrievably broken down and granted the petition for divorce, ordering the dissolution of the marriage and issuance of a decree nisi to be made absolute after six months.

Court Disposition

petition granted; marriage dissolved

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • A decree nisi shall issue forthwith to be made absolute after six months.