[2011] KEHC 1772 (KLR)

[2011] KEHC 1772 (KLR)

The court found that the Respondent had deserted the Petitioner shortly after their marriage and had not returned or made any effort to resume cohabitation for nearly ten years. The allegations of cruelty and failure to provide were uncontroverted, as the Respondent did not respond to the Petition. The court was satisfied that the marriage had irretrievably broken down and that there was no prospect of reconciliation. Accordingly, the court ordered the dissolution of the marriage, issuing a decree nisi to be made absolute within thirty days.

Citation
[2011] KEHC 1772 (KLR)
Parties
Petitioner: M.M.V; Respondent: F.F
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
30 June 2011
Case Number
Divorce Cause 147 of 2009
Procedural Posture
Divorce Cause / Judgment
Outcome
petition_allowed
Judges
I Lenaola
Legal Topics
Divorce, Matrimonial Breakdown, Desertion, Cruelty, Dissolution of Marriage
Source Language
English
Family and Children Divorce Matrimonial Breakdown Desertion Cruelty Dissolution of Marriage

Case Brief

Summary, issues, holding and outcome

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Parties

M.M.V

Petitioner

F.F

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent deserted the Petitioner, amounting to matrimonial desertion.
  2. 2 Whether the Respondent treated the Petitioner with cruelty, justifying dissolution of marriage.
  3. 3 Whether the marriage has irretrievably broken down and should be dissolved.

Ratio Decidendi

The court found that the Respondent had deserted the Petitioner shortly after their marriage and had not returned or made any effort to resume cohabitation for nearly ten years. The allegations of cruelty and failure to provide were uncontroverted, as the Respondent did not respond to the Petition. The court was satisfied that the marriage had irretrievably broken down and that there was no prospect of reconciliation. Accordingly, the court ordered the dissolution of the marriage, issuing a decree nisi to be made absolute within thirty days.

Court Disposition

petition_allowed

Orders

  • The marriage between the Petitioner and Respondent is dissolved.
  • A decree nisi is issued forthwith, to be made absolute within thirty days.