[2017] KEHC 7132 (KLR)

[2017] KEHC 7132 (KLR)

The court found that the Petitioner proved, on a balance of probabilities, that the Respondent deserted the matrimonial home for over three years and that the marriage had irretrievably broken down. The Respondent's failure to participate in the proceedings or rebut the allegations further supported the Petitioner's case. However, the Petitioner did not provide evidence of means or financial resources to support her claim for alimony, nor did the Respondent disclose his financial position. As a result, the court granted dissolution of the marriage but declined to make an order for alimony.

Citation
[2017] KEHC 7132 (KLR)
Parties
Applicant: K.G; Respondent: S.S.M
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
13 February 2017
Case Number
Divorce Cause 83 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for dissolution of marriage allowed; claim for alimony declined.
Judges
MW Muigai
Legal Topics
Divorce, Desertion, Irretrievable Breakdown, Alimony, Matrimonial Proceedings
Source Language
English
Family and Children Divorce Desertion Irretrievable Breakdown Alimony Matrimonial Proceedings

Case Brief

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Parties

K.G

Applicant

S.S.M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Petitioner adduced sufficient evidence to warrant dissolution of the marriage on grounds of desertion.
  2. 2 Whether the Petitioner is entitled to alimony from the Respondent.

Ratio Decidendi

The court found that the Petitioner proved, on a balance of probabilities, that the Respondent deserted the matrimonial home for over three years and that the marriage had irretrievably broken down. The Respondent's failure to participate in the proceedings or rebut the allegations further supported the Petitioner's case. However, the Petitioner did not provide evidence of means or financial resources to support her claim for alimony, nor did the Respondent disclose his financial position. As a result, the court granted dissolution of the marriage but declined to make an order for alimony.

Court Disposition

Petition for dissolution of marriage allowed; claim for alimony declined.

Orders

  • The marriage between the Petitioner and the Respondent solemnized on 7th July 2009 is hereby dissolved.
  • Decree nisi to issue and in thirty (30) days decree absolute to issue in 3 months.