[2008] KEHC 1454 (KLR)

[2008] KEHC 1454 (KLR)

The court found that the respondent deserted the petitioner without reasonable cause on 12.9.2006 and had not returned since. The respondent did not contest the petition or provide any explanation for her absence. The court accepted the petitioner's evidence and concluded that the marriage had irretrievably broken down, with no prospects of reconciliation. It would be against public policy to force the parties to remain married. Accordingly, the court ordered the dissolution of the marriage and issued a decree nisi for three months, with liberty to either party to apply to make it absolute.

Citation
[2008] KEHC 1454 (KLR)
Parties
Applicant: J O M; Respondent: E B N
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
25 September 2008
Case Number
Divorce Cause 133 of 2007
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Marriage Dissolution, Desertion, Irretrievable Breakdown, Civil Marriage
Source Language
English
Family and Children Marriage Dissolution Desertion Irretrievable Breakdown Civil Marriage

Case Brief

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Parties

J O M

Applicant

E B N

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner without reasonable cause.
  2. 2 Whether the marriage has irretrievably broken down and should be dissolved.

Ratio Decidendi

The court found that the respondent deserted the petitioner without reasonable cause on 12.9.2006 and had not returned since. The respondent did not contest the petition or provide any explanation for her absence. The court accepted the petitioner's evidence and concluded that the marriage had irretrievably broken down, with no prospects of reconciliation. It would be against public policy to force the parties to remain married. Accordingly, the court ordered the dissolution of the marriage and issued a decree nisi for three months, with liberty to either party to apply to make it absolute.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage entered into between J O M and E B N on 24.6.2003 is hereby dissolved and a decree nisi for three months shall issue forthwith, with liberty to either party to apply to make it absolute.
  • There will be no order as to costs.