[2011] KEHC 4098 (KLR)

[2011] KEHC 4098 (KLR)

The court found that the petitioner had established, on a balance of probabilities, that the respondent deserted the matrimonial home in October 2005 and had not returned for over five years. The respondent's refusal to accept the petitioner's children and to participate in the marriage, coupled with her absence and lack of response to the proceedings, demonstrated that the marriage had irretrievably broken down. The court was satisfied that the grounds for divorce—specifically desertion—had been proved to the required legal standard. Accordingly, the court granted the petition for divorce and issued a decree nisi dissolving the marriage, to be made absolute after thirty days.

Citation
[2011] KEHC 4098 (KLR)
Parties
Petitioner: M.P; Respondent: A.S.S w/o M.P
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
21 January 2011
Case Number
Divorce Cause 86 of 2006
Procedural Posture
Divorce Cause / Judgment
Outcome
petition for divorce granted; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Desertion, Matrimonial Breakdown, Custody Responsibility
Source Language
English
Family and Children Divorce Desertion Matrimonial Breakdown Custody Responsibility

Case Brief

Summary, issues, holding and outcome

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Parties

M.P

Petitioner

A.S.S w/o M.P

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the matrimonial home without justifiable cause.
  2. 2 Whether the marriage between the petitioner and respondent has irretrievably broken down.
  3. 3 Whether the petitioner is entitled to a decree of divorce on grounds of desertion.

Ratio Decidendi

The court found that the petitioner had established, on a balance of probabilities, that the respondent deserted the matrimonial home in October 2005 and had not returned for over five years. The respondent's refusal to accept the petitioner's children and to participate in the marriage, coupled with her absence and lack of response to the proceedings, demonstrated that the marriage had irretrievably broken down. The court was satisfied that the grounds for divorce—specifically desertion—had been proved to the required legal standard. Accordingly, the court granted the petition for divorce and issued a decree nisi dissolving the marriage, to be made absolute after thirty days.

Court Disposition

petition for divorce granted; marriage dissolved

Orders

  • The marriage solemnized between the petitioner and the respondent on 17th August 2004 at the Registrar’s office in Nairobi is hereby annulled.
  • Decree nisi is hereby issued dissolving the said marriage.