[2000] KEHC 227 (KLR)

[2000] KEHC 227 (KLR)

The court found that the respondent had deserted the petitioner since 1988 and had not provided any support. The respondent was also found to be living with another woman, amounting to adultery. These facts established that the marriage had irretrievably broken down due to the respondent's desertion and adultery. The court concluded that the petitioner was entitled to a divorce on these grounds and ordered the dissolution of the marriage.

Citation
[2000] KEHC 227 (KLR)
Parties
Applicant: L N M; Respondent: G M W
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
27 October 2000
Case Number
Divorce Cause 137 of ??
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Divorce, Desertion, Adultery, Irretrievable Breakdown of Marriage
Source Language
English
Family and Children Divorce Desertion Adultery Irretrievable Breakdown of Marriage

Case Brief

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Parties

L N M

Applicant

G M W

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner, thereby justifying dissolution of the marriage.
  2. 2 Whether the respondent committed adultery, entitling the petitioner to a divorce.

Ratio Decidendi

The court found that the respondent had deserted the petitioner since 1988 and had not provided any support. The respondent was also found to be living with another woman, amounting to adultery. These facts established that the marriage had irretrievably broken down due to the respondent's desertion and adultery. The court concluded that the petitioner was entitled to a divorce on these grounds and ordered the dissolution of the marriage.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the petitioner and the respondent is hereby dissolved.