[2011] KEHC 4240 (KLR)

[2011] KEHC 4240 (KLR)

The court found that the Respondent had deserted the matrimonial home and was no longer interested in continuing the marriage, as evidenced by her absence, her acceptance of service, and her statement of no objection to the divorce. The Petitioner’s unchallenged testimony established grounds of desertion and irretrievable breakdown of the marriage. The court concluded that the marriage had irretrievably broken down and that the Petitioner was entitled to a decree of divorce under the Matrimonial Causes Act.

Citation
[2011] KEHC 4240 (KLR)
Parties
Petitioner: J.G.N; Respondent: M.L
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
13 January 2011
Case Number
Divorce Cause 39 of 2008
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed. Marriage dissolved. No order as to costs.
Legal Topics
Divorce, Matrimonial Breakdown, Desertion, Cruelty, Adultery, Matrimonial Causes
Source Language
English
Family and Children Divorce Matrimonial Breakdown Desertion Cruelty Adultery Matrimonial Causes

Case Brief

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Parties

J.G.N

Petitioner

M.L

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 conduct amounts to cruelty and desertion under the Matrimonial Causes Act.
  3. 3 Whether the Petitioner is entitled to a decree of divorce.

Ratio Decidendi

The court found that the Respondent had deserted the matrimonial home and was no longer interested in continuing the marriage, as evidenced by her absence, her acceptance of service, and her statement of no objection to the divorce. The Petitioner’s unchallenged testimony established grounds of desertion and irretrievable breakdown of the marriage. The court concluded that the marriage had irretrievably broken down and that the Petitioner was entitled to a decree of divorce under the Matrimonial Causes Act.

Court Disposition

Petition allowed. Marriage dissolved. No order as to costs.

Orders

  • The marriage between the Petitioner and Respondent solemnized on 10th February 2004 is dissolved.
  • A decree of divorce is granted.