[2014] KEHC 5498 (KLR)

[2014] KEHC 5498 (KLR)

The court found that the respondent deserted the matrimonial home in 2008 and never returned, and that the petitioner’s evidence was uncontroverted due to the respondent’s failure to respond or appear. The court was satisfied that the marriage had irretrievably broken down, there was no collusion between the...

Source-derived case information.

Citation
[2014] KEHC 5498 (KLR)
Parties
Petitioner: J W N; Respondent: A M M
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
25 April 2014
Case Number
Divorce Cause 125 of 2010
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
DN Musyoka
Legal Topics
Divorce, Matrimonial Breakdown, Desertion, Custody and Maintenance
Source Language
english
Family and Children Divorce Matrimonial Breakdown Desertion Custody and Maintenance

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Summary, issues, holding and outcome

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Parties

J W N

Petitioner

A M M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner and the matrimonial home.
  2. 2 Whether the marriage has irretrievably broken down.
  3. 3 Whether there was collusion or condonation of adultery by the petitioner.

Ratio Decidendi

The court found that the respondent deserted the matrimonial home in 2008 and never returned, and that the petitioner’s evidence was uncontroverted due to the respondent’s failure to respond or appear. The court was satisfied that the marriage had irretrievably broken down, there was no collusion between the parties, and no evidence of condonation of adultery. Consequently, the court held that the legal grounds for dissolution of marriage had been established and ordered the dissolution of the marriage.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated between the petitioner and respondent on 9th June 2003 is hereby dissolved. Decree nisi shall issue forthwith and shall be made absolute after thirty (30) days.
  • Matters touching on custody and maintenance of the children of the marriage shall abide the decision of the Children’s Court in Children’s Cause No. 511 of 2009.