[2014] KEHC 3933 (KLR)

[2014] KEHC 3933 (KLR)

The court found that the marriage between the Petitioner and Respondent had irretrievably broken down, as evidenced by their separation for over seven years and mutual accusations of desertion. The Petitioner established the ground of desertion to the required standard of proof on a balance of probabilities. The court held that reconciliation was not possible given the duration and circumstances of the separation. Accordingly, the court granted the petition for divorce and issued a decree nisi dissolving the marriage, to be made absolute in thirty days. No order as to costs was made.

Citation
[2014] KEHC 3933 (KLR)
Parties
Petitioner: M K N; Respondent: T F R
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
14 July 2014
Case Number
Divorce Cause 145 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
petition for divorce granted; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Matrimonial Offences, Desertion, Irretrievable Breakdown, Cross Petition, Marriage Dissolution
Source Language
English
Family and Children Divorce Matrimonial Offences Desertion Irretrievable Breakdown Cross Petition Marriage Dissolution

Case Brief

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Parties

M K N

Petitioner

T F R

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 proved the ground of desertion to the required standard.
  3. 3 Whether the Respondent established constructive desertion by the Petitioner.

Ratio Decidendi

The court found that the marriage between the Petitioner and Respondent had irretrievably broken down, as evidenced by their separation for over seven years and mutual accusations of desertion. The Petitioner established the ground of desertion to the required standard of proof on a balance of probabilities. The court held that reconciliation was not possible given the duration and circumstances of the separation. Accordingly, the court granted the petition for divorce and issued a decree nisi dissolving the marriage, to be made absolute in thirty days. No order as to costs was made.

Court Disposition

petition for divorce granted; marriage dissolved

Orders

  • The marriage celebrated on 14th July 1983 between the Petitioner and the Respondent is hereby dissolved.
  • Decree nisi dissolving the said marriage is hereby issued.