[2014] KEHC 4493 (KLR)

[2014] KEHC 4493 (KLR)

The court found that the respondent deserted the matrimonial home in 2001 and had not communicated with the petitioner for over 10 years. The respondent's failure to respond to the petition or participate in the proceedings was taken as evidence of disinterest in the marriage. The court also found that the respondent had abdicated his responsibilities as a husband and father. Based on the evidence presented by the petitioner and her witness, the court was satisfied that the grounds for dissolution of marriage had been established under the Marriage Act Cap 150. Accordingly, the court ordered the dissolution of the marriage, issuance of a Decree Nisi to be made absolute after thirty days,...

Citation
[2014] KEHC 4493 (KLR)
Parties
Petitioner: J N O; Respondent: D O O
Court
High Court
Court Station
High Court at Kisii
Jurisdiction
Kenya
Judgment Date
30 May 2014
Case Number
Divorce Cause 11 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
AT Sitati
Legal Topics
Divorce, Matrimonial Breakdown, Desertion, Neglect of Spouse
Source Language
English
Family and Children Divorce Matrimonial Breakdown Desertion Neglect of Spouse

Case Brief

Summary, issues, holding and outcome

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Parties

J N O

Petitioner

D O O

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the matrimonial home.
  2. 2 Whether the respondent abdicated his responsibilities and neglected the petitioner.
  3. 3 Whether the petitioner is entitled to dissolution of the marriage and costs.

Ratio Decidendi

The court found that the respondent deserted the matrimonial home in 2001 and had not communicated with the petitioner for over 10 years. The respondent's failure to respond to the petition or participate in the proceedings was taken as evidence of disinterest in the marriage. The court also found that the respondent had abdicated his responsibilities as a husband and father. Based on the evidence presented by the petitioner and her witness, the court was satisfied that the grounds for dissolution of marriage had been established under the Marriage Act Cap 150. Accordingly, the court ordered the dissolution of the marriage, issuance of a Decree Nisi to be made absolute after thirty days,...

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated between the petitioner and respondent on 2nd October 1982 is dissolved.
  • Decree Nisi shall issue forthwith and shall be made absolute after thirty (30) days.