[2008] KEHC 47 (KLR)

[2008] KEHC 47 (KLR)

The court found that the respondent deserted the petitioner without reasonable cause shortly after the marriage and subsequently began living in adultery with another man. The petitioner, after waiting for the respondent's return for several years, also entered into another relationship. The court determined that the marriage had irretrievably broken down since 1989 and that there was no justification to force the continuation of such a marriage. The pleadings, though not strictly compliant with procedural rules, were sufficient to establish the grounds for dissolution. The court therefore ordered the dissolution of the marriage on the grounds of desertion and adultery, with a decree nisi...

Citation
[2008] KEHC 47 (KLR)
Parties
Petitioner: J.M.K; Respondent: S.N.M
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
24 July 2008
Case Number
Divorce Cause 16 of 2006
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
KH Rawal
Legal Topics
Divorce, Desertion, Adultery, Irretrievable Breakdown, Matrimonial Causes Act
Source Language
English
Family and Children Divorce Desertion Adultery Irretrievable Breakdown Matrimonial Causes Act

Case Brief

Summary, issues, holding and outcome

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Parties

J.M.K

Petitioner

S.N.M

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 petitioner without reasonable cause.
  3. 3 Whether the conduct of the parties amounts to adultery and desertion under the Matrimonial Causes Act.

Ratio Decidendi

The court found that the respondent deserted the petitioner without reasonable cause shortly after the marriage and subsequently began living in adultery with another man. The petitioner, after waiting for the respondent's return for several years, also entered into another relationship. The court determined that the marriage had irretrievably broken down since 1989 and that there was no justification to force the continuation of such a marriage. The pleadings, though not strictly compliant with procedural rules, were sufficient to establish the grounds for dissolution. The court therefore ordered the dissolution of the marriage on the grounds of desertion and adultery, with a decree nisi...

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage solemnized between the parties is dissolved.
  • Decree nisi to be made absolute within 60 days.