[2010] KEHC 42 (KLR)

[2010] KEHC 42 (KLR)

The court found that the petitioner had established the matrimonial offence of desertion, as the respondent left the matrimonial home one month after marriage and the parties had been separated for seven years. The respondent did not contest the petition or attend the hearing. The court was satisfied that the...

Source-derived case information.

Citation
[2010] KEHC 42 (KLR)
Parties
Petitioner: M.M; Respondent: S.K.D.M
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
16 March 2010
Case Number
Divorce Cause 148 of 2008
Procedural Posture
Divorce Cause / Judgment
Outcome
petition for divorce allowed; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Matrimonial Offences, Desertion, Cruelty, Irretrievable Breakdown, Hindu Marriage
Source Language
english
Family and Children Divorce Matrimonial Offences Desertion Cruelty Irretrievable Breakdown Hindu Marriage

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Summary, issues, holding and outcome

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Parties

M.M

Petitioner

S.K.D.M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent committed the matrimonial offence of desertion.
  2. 2 Whether the marriage between the petitioner and the respondent has irretrievably broken down.
  3. 3 Whether the petitioner is entitled to a decree of divorce.

Ratio Decidendi

The court found that the petitioner had established the matrimonial offence of desertion, as the respondent left the matrimonial home one month after marriage and the parties had been separated for seven years. The respondent did not contest the petition or attend the hearing. The court was satisfied that the marriage had irretrievably broken down with no possibility of reconciliation. Accordingly, the court allowed the petition for divorce and ordered the dissolution of the marriage under the Hindu Marriage and Divorce Act.

Court Disposition

petition for divorce allowed; marriage dissolved

Orders

  • The marriage solemnized on 7th February 2004 between the petitioner and the respondent is dissolved.
  • Decree nisi dissolving the marriage is issued.