[2010] KEHC 1545 (KLR)

[2010] KEHC 1545 (KLR)

The court found that the petitioner had established the ground of desertion, as the respondent left the matrimonial home in 2002 and had been absent for nearly seven years by the time of the petition. The evidence was uncontroverted, as the respondent neither filed an answer nor appeared in court. The court was satisfied that the marriage had irretrievably broken down, with no hope of resumption of cohabitation. Accordingly, the court held that the marriage should be dissolved.

Citation
[2010] KEHC 1545 (KLR)
Parties
Petitioner: J.O; Respondent: T.M
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
30 August 2010
Case Number
Divorce Cause 59 of 2009
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Divorce, Desertion, Cruelty, Custody of Children
Source Language
English
Family and Children Divorce Desertion Cruelty Custody of Children

Case Brief

Summary, issues, holding and outcome

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Parties

J.O

Petitioner

T.M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent's conduct amounted to cruelty towards the petitioner.
  2. 2 Whether the respondent deserted the petitioner and the matrimonial home for a continuous period sufficient to warrant dissolution of marriage.
  3. 3 Whether the marriage has irretrievably broken down.

Ratio Decidendi

The court found that the petitioner had established the ground of desertion, as the respondent left the matrimonial home in 2002 and had been absent for nearly seven years by the time of the petition. The evidence was uncontroverted, as the respondent neither filed an answer nor appeared in court. The court was satisfied that the marriage had irretrievably broken down, with no hope of resumption of cohabitation. Accordingly, the court held that the marriage should be dissolved.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the petitioner and the respondent is dissolved.
  • Decree nisi shall issue forthwith and to be made absolute after the statutory period.