[2018] KEHC 9019 (KLR)
The court found that the respondent had wilfully deserted the petitioner by leaving the matrimonial home on 1st December 2014 and not returning, with no cohabitation since. The evidence was unchallenged as the respondent did not file an answer or contest the petition. The court held that the marriage had...
Source-derived case information.
- Citation
- [2018] KEHC 9019 (KLR)
- Parties
- Petitioner: N.T.D.; Respondent: S.J.M.
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 3 of 2017
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition for dissolution of marriage granted
- Judges
- AO Muchelule
- Legal Topics
- Divorce, Wilful Desertion, Irretrievable Breakdown of Marriage, Matrimonial Agreements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
N.T.D.
Petitioner
S.J.M.
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent wilfully deserted the petitioner, thereby justifying dissolution of the marriage.
- 2 Whether the marriage has irretrievably broken down, warranting a decree of divorce.
Ratio Decidendi
The court found that the respondent had wilfully deserted the petitioner by leaving the matrimonial home on 1st December 2014 and not returning, with no cohabitation since. The evidence was unchallenged as the respondent did not file an answer or contest the petition. The court held that the marriage had irretrievably broken down and could not be repaired. On these grounds, the court granted the petition for dissolution of marriage. The court also noted that the parties had entered into an agreement regarding children, maintenance, and property, which would be adopted as an order of the court.
Court Disposition
petition for dissolution of marriage granted
Orders
- The marriage between the petitioner and respondent is dissolved.
- Decree nisi shall issue and become absolute after 30 days.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CAUSE NO. 3 OF 2017
N.T.D..............................................PETITIONER
VERSUS
S.J.M..........................................RESPONDENT
JUDGMENT
1. The petitioner N.T.D. and the respondent S.J.M. got married in Zimbabwe on 1st July 1991, and lived there up to 2000 when they moved to Ireland. They stayed in Ireland upto 2003. They then moved to Nairobi, Kenya where they stayed up to 1st December 2014 when the respondent left the matrimonial home. The marriage was blessed with two children who are both over 18 years.
2. On 15th March 2017 the petitioner filed this petition to have the marriage dissolved on the grounds of wilful desertion and irreconcilable differences. The petition was served but no answer was filed. The evidence of the petitioner was therefore not controverted.
3. The petitioner stated that on 1st December 2014 the respondent left the matrimonial home without any reason and has not returned since. They have not cohabited since. According to him, the marriage cannot be repaired.
4. On the grounds of wilful desertion and that the marriage has irretrievably broken down, I grant the petition. I order the dissolution of the marriage between the petitioner and the respondent. Decree nisishall issue and shall become absolute after 30 days. It is noted that the petitioner did not want costs of the petition.
5. The parties entered into agreement dated 21st September 2017 before B.M. Quadros, Advocate regarding the children, maintenance, properties and miscellaneous. That agreement shall constitute an order of the court and shall form part of this judgment.
DATED and DELIVERED at NAIROBI this 22ND FEBRUARY 2018.
A.O. MUCHELULE
JUDGE