[2014] KEHC 717 (KLR)

[2014] KEHC 717 (KLR)

The court found that the petitioner had proved, to the required standard, that the respondent had deserted her since 2011 and that the marriage had irretrievably broken down. The respondent's failure to respond to the petition or participate in the proceedings was taken as evidence of his lack of interest in...

Source-derived case information.

Citation
[2014] KEHC 717 (KLR)
Parties
Applicant: M B A; Respondent: D O B
Court
High Court
Court Station
High Court at Kisii
Jurisdiction
Kenya
Judgment Date
11 December 2014
Case Number
Divorce Cause 10 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed. Marriage dissolved. Exclusive custody of children granted to petitioner. Costs awarded to petitioner.
Legal Topics
Dissolution of Marriage, Custody of Children, Desertion, Irretrievable Breakdown
Source Language
english
Family and Children Dissolution of Marriage Custody of Children Desertion Irretrievable Breakdown

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Parties

M B A

Applicant

D O B

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
  2. 2 Whether the petitioner is entitled to dissolution of marriage on grounds of desertion.
  3. 3 Whether the petitioner should be granted exclusive custody of the children.

Ratio Decidendi

The court found that the petitioner had proved, to the required standard, that the respondent had deserted her since 2011 and that the marriage had irretrievably broken down. The respondent's failure to respond to the petition or participate in the proceedings was taken as evidence of his lack of interest in salvaging the marriage. The court held that it is unnecessary to force parties to litigate over a marriage that has clearly broken down. Accordingly, the court dissolved the marriage and granted the petitioner exclusive custody of the two children of the marriage, as well as costs of the petition.

Court Disposition

Petition allowed. Marriage dissolved. Exclusive custody of children granted to petitioner. Costs awarded to petitioner.

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • The petitioner shall have exclusive custody of the two issues of the marriage.