[2014] KEHC 3509 (KLR)

[2014] KEHC 3509 (KLR)

The court found that the Petitioner had proved, on a balance of probabilities, that the Respondent deserted the matrimonial home since 20th October 1998 and that the parties had been separated for over fifteen years. The Respondent did not contest the petition or provide any evidence to the contrary. The court concluded that the marriage had irretrievably broken down with no possibility of salvage. The court also noted that a consent on the division of matrimonial property had been filed and adopted it as an order of the court. Accordingly, the court dissolved the marriage and issued a decree nisi, to be made absolute in thirty days.

Citation
[2014] KEHC 3509 (KLR)
Parties
Petitioner: M W; Respondent: C M
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
31 July 2014
Case Number
Divorce Cause 17 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Matrimonial Offences, Desertion, Matrimonial Property Division
Source Language
English
Family and Children Divorce Matrimonial Offences Desertion Matrimonial Property Division

Case Brief

Summary, issues, holding and outcome

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Parties

M W

Petitioner

C 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 and should be dissolved.
  3. 3 Whether the consent on division of matrimonial property should be adopted as an order of the court.

Ratio Decidendi

The court found that the Petitioner had proved, on a balance of probabilities, that the Respondent deserted the matrimonial home since 20th October 1998 and that the parties had been separated for over fifteen years. The Respondent did not contest the petition or provide any evidence to the contrary. The court concluded that the marriage had irretrievably broken down with no possibility of salvage. The court also noted that a consent on the division of matrimonial property had been filed and adopted it as an order of the court. Accordingly, the court dissolved the marriage and issued a decree nisi, to be made absolute in thirty days.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated between the Petitioner and the Respondent on 25th May 1974 is dissolved.
  • A decree nisi dissolving the marriage is issued, to be made absolute thirty (30) days from the date of judgment.