[2015] KEHC 7419 (KLR)
The court found that the respondent deserted the petitioner and their child, failed to provide for the family, and has not returned since July 2013. The petitioner's evidence was unchallenged, and the court accepted that the marriage had broken down beyond repair. On the basis of desertion, the court ordered the...
Source-derived case information.
- Citation
- [2015] KEHC 7419 (KLR)
- Parties
- Applicant: N. R. D; Respondent: R. C. D
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 171 of 2014
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition for dissolution of marriage allowed.
- Judges
- AO Muchelule
- Legal Topics
- Divorce, Desertion, Breakdown of Marriage, Custody of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
N. R. D
Applicant
R. C. D
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent deserted the petitioner, thereby justifying dissolution of the marriage.
- 2 Whether the marriage has irretrievably broken down due to the respondent's conduct.
Ratio Decidendi
The court found that the respondent deserted the petitioner and their child, failed to provide for the family, and has not returned since July 2013. The petitioner's evidence was unchallenged, and the court accepted that the marriage had broken down beyond repair. On the basis of desertion, the court ordered the dissolution of the marriage, issuance of a decree nisi to become absolute after 30 days, and awarded costs to the petitioner.
Court Disposition
Petition for dissolution of marriage allowed.
Orders
- The marriage between the petitioner and respondent is dissolved on grounds of desertion.
- Decree nisi to issue and become absolute after 30 days.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CAUSE NO.171 OF 2014
N. R. D...........................................................................PETITIONER
VERSUS
R. C. D…...................................................................RESPONDENT
JUDGMENT
1. This petition was served on the respondent who did not file any response. The petitioner’s evidence was therefore not challenged.
2. The petitioner and the respondent got married on 18/6/99 in India. The couple came to Kenya and settled at South C in Nairobi. The marriage was blessed with a son M.R.D. who was born on 4/6/06. On 15/7/13 the respondent disappeared from home. Two days later he called from Tanzania to say that he would not return. He has not returned since. The petitioner stays with their son.
3. It was the petitioner’s further evidence that, before the desertion, the respondent was argumentative and would not regularly provide for the upkeep of the family. She stated that the marriage has broken down beyond repair.
4. I accept the evidence of the petitioner. On the basis of desertion, I order the dissolution of the marriage between the petitioner and the respondent. Decree nisi shall issue and shall become absolute after 30 days. Costs shall be paid by the respondent.
DATED and DELIVERED at NAIROBI this 4th June 2015.
A.O. MUCHELULE
JUDGE