[2011] KEHC 2981 (KLR)

[2011] KEHC 2981 (KLR)

The court found that the petitioner proved the matrimonial offence of desertion, as the respondent left the matrimonial home over six years prior and made no effort to return. The respondent's mental illness contributed to the breakdown of the marriage and frustrated any attempts at reconciliation. The court was satisfied that the marriage had irretrievably broken down, with no chance of reconciliation, and that the requirements for dissolution under the Matrimonial Causes Act were met. The petition for divorce was therefore granted, and a decree nisi issued to dissolve the marriage, to be made absolute after thirty days.

Citation
[2011] KEHC 2981 (KLR)
Parties
Petitioner: J.F. A; Respondent: W.G
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
18 March 2011
Case Number
Divorce Cause 13 of 2010
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Matrimonial Offences, Desertion, Mental Health in Marriage
Source Language
English
Family and Children Divorce Matrimonial Offences Desertion Mental Health in Marriage

Case Brief

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Parties

J.F. A

Petitioner

W.G

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's desertion constitutes a matrimonial offence justifying dissolution of marriage.
  3. 3 Whether the respondent's mental condition affects the possibility of reconciliation.

Ratio Decidendi

The court found that the petitioner proved the matrimonial offence of desertion, as the respondent left the matrimonial home over six years prior and made no effort to return. The respondent's mental illness contributed to the breakdown of the marriage and frustrated any attempts at reconciliation. The court was satisfied that the marriage had irretrievably broken down, with no chance of reconciliation, and that the requirements for dissolution under the Matrimonial Causes Act were met. The petition for divorce was therefore granted, and a decree nisi issued to dissolve the marriage, to be made absolute after thirty days.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage solemnized between the petitioner and respondent on 29th September 1984 is dissolved.
  • A decree nisi dissolving the marriage is issued, to be made absolute thirty days from the date of judgment.