[2008] KEHC 3310 (KLR)

[2008] KEHC 3310 (KLR)

The court found that the respondent deserted the petitioner without lawful cause after only one month of cohabitation. The petitioner's evidence was uncontroverted, and there was no indication of collusion or connivance. The court was satisfied that the marriage had irretrievably broken down due to the respondent's...

Source-derived case information.

Citation
[2008] KEHC 3310 (KLR)
Parties
Petitioner: K.W.N; Respondent: A.W.D
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
7 March 2008
Case Number
Divorce Cause 45 of 2007
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed. Marriage dissolved.
Legal Topics
Divorce, Desertion, Matrimonial Breakdown
Source Language
english
Family and Children Divorce Desertion Matrimonial Breakdown

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Summary, issues, holding and outcome

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Parties

K.W.N

Petitioner

A.W.D

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner without lawful 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 lawful cause after only one month of cohabitation. The petitioner's evidence was uncontroverted, and there was no indication of collusion or connivance. The court was satisfied that the marriage had irretrievably broken down due to the respondent's desertion, and thus the legal requirements for dissolution of marriage on the ground of desertion were met.

Court Disposition

Petition allowed. Marriage dissolved.

Orders

  • The marriage solemnized between the parties is dissolved.
  • Decree nisi to be made absolute within 45 days.