[2011] KEHC 2859 (KLR)

[2011] KEHC 2859 (KLR)

The court found that the petitioner had established, to the required standard of proof, that the respondent deserted the matrimonial home more than thirty-five years ago. The prolonged separation, lack of cohabitation, and the respondent's subsequent relationship and children with another man demonstrated that the marriage had irretrievably broken down. The court concluded that the chance of reconciliation was remote and that the legal requirements for dissolution of marriage on the ground of desertion had been satisfied. Accordingly, the petition for divorce was allowed and the marriage was dissolved.

Citation
[2011] KEHC 2859 (KLR)
Parties
Petitioner: J.E.M; Respondent: M.W
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
4 March 2011
Case Number
Divorce Cause 90 of 2009
Procedural Posture
Divorce Cause / Judgment
Outcome
petition for divorce allowed; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Desertion, Matrimonial Breakdown
Source Language
English
Family and Children Divorce Desertion Matrimonial Breakdown

Case Brief

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Parties

J.E.M

Petitioner

M.W

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the matrimonial home, thereby justifying dissolution of the marriage.
  2. 2 Whether the prolonged separation constitutes sufficient ground for divorce under the law.

Ratio Decidendi

The court found that the petitioner had established, to the required standard of proof, that the respondent deserted the matrimonial home more than thirty-five years ago. The prolonged separation, lack of cohabitation, and the respondent's subsequent relationship and children with another man demonstrated that the marriage had irretrievably broken down. The court concluded that the chance of reconciliation was remote and that the legal requirements for dissolution of marriage on the ground of desertion had been satisfied. Accordingly, the petition for divorce was allowed and the marriage was dissolved.

Court Disposition

petition for divorce allowed; marriage dissolved

Orders

  • The marriage solemnized between the petitioner and the respondent on 30th December 1972 is hereby dissolved.
  • Decree nisi dissolving the said marriage is hereby issued.