[2011] KEHC 3340 (KLR)

[2011] KEHC 3340 (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 reconciliation efforts. The court was satisfied that the marriage had irretrievably broken down, with no chance of reconciliation, and granted the petition for divorce.

Citation
[2011] KEHC 3340 (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 deserted the matrimonial home without cause.
  3. 3 Whether the respondent's mental illness constitutes grounds for dissolution of marriage.

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 reconciliation efforts. The court was satisfied that the marriage had irretrievably broken down, with no chance of reconciliation, and granted the petition for divorce.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage solemnized between the petitioner and the respondent on 29th September 1984 at Mount Laurel, New Jersey, United States of America is hereby dissolved.
  • Decree nisi dissolving the said marriage is hereby issued.