[2017] KEHC 7069 (KLR)

[2017] KEHC 7069 (KLR)

The court found that the petitioner and respondent had been married for more than three years, satisfying the statutory waiting period for divorce under a civil marriage. The petitioner established that the respondent deserted the matrimonial home in 2011 and had not returned, with the petition being filed more than three years after the desertion. Although direct evidence of adultery was lacking, the uncontroverted evidence of desertion was sufficient. The respondent did not contest the petition or provide any contrary evidence. Applying section 66(6)(e) of the Marriage Act, the court held that the marriage had irretrievably broken down due to desertion. The standard of proof on a...

Citation
[2017] KEHC 7069 (KLR)
Parties
Applicant: M D.; Respondent: S L
Court
High Court
Court Station
High Court at Malindi
Jurisdiction
Kenya
Judgment Date
27 February 2017
Case Number
Divorce Cause 16 of 2016
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
SJ Chitembwe
Legal Topics
Dissolution of Marriage, Desertion, Adultery, Irretrievable Breakdown, Civil Marriage, Marriage Act
Source Language
English
Family and Children Dissolution of Marriage Desertion Adultery Irretrievable Breakdown Civil Marriage Marriage Act

Case Brief

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Parties

M D.

Applicant

S L

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has irretrievably broken down as per section 66 of the Marriage Act.
  2. 2 Whether the grounds of desertion and adultery have been established to warrant dissolution of the marriage.
  3. 3 Whether the statutory requirements for filing a divorce under a civil marriage have been met.

Ratio Decidendi

The court found that the petitioner and respondent had been married for more than three years, satisfying the statutory waiting period for divorce under a civil marriage. The petitioner established that the respondent deserted the matrimonial home in 2011 and had not returned, with the petition being filed more than three years after the desertion. Although direct evidence of adultery was lacking, the uncontroverted evidence of desertion was sufficient. The respondent did not contest the petition or provide any contrary evidence. Applying section 66(6)(e) of the Marriage Act, the court held that the marriage had irretrievably broken down due to desertion. The standard of proof on a...

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • A decree nisi to issue and to be made absolute after thirty (30) days.