[2014] KEHC 696 (KLR)

[2014] KEHC 696 (KLR)

The court found that the respondent was guilty of desertion, as evidenced by her departure from the matrimonial home in 1996 and failure to return. The marriage had irretrievably broken down, with the parties living separately for over 18 years. There was no evidence of collusion or condonation by the petitioner. The respondent's plea for return of property was dismissed due to lack of a cross-petition and absence of details in her pleadings. Consequently, the court ordered the dissolution of the marriage, with a decree nisi to issue forthwith and become absolute after thirty days. No orders as to costs were made.

Citation
[2014] KEHC 696 (KLR)
Parties
Petitioner: N N; Respondent: R W N
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
19 December 2014
Case Number
Divorce Cause 181 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
DN Musyoka
Legal Topics
Divorce, Matrimonial Offences, Desertion, Irretrievable Breakdown of Marriage
Source Language
English
Family and Children Divorce Matrimonial Offences Desertion Irretrievable Breakdown of Marriage

Case Brief

Summary, issues, holding and outcome

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Parties

N N

Petitioner

R W N

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner, constituting grounds for dissolution of marriage.
  2. 2 Whether the marriage has irretrievably broken down.
  3. 3 Whether the respondent is entitled to return of property allegedly acquired during the marriage.

Ratio Decidendi

The court found that the respondent was guilty of desertion, as evidenced by her departure from the matrimonial home in 1996 and failure to return. The marriage had irretrievably broken down, with the parties living separately for over 18 years. There was no evidence of collusion or condonation by the petitioner. The respondent's plea for return of property was dismissed due to lack of a cross-petition and absence of details in her pleadings. Consequently, the court ordered the dissolution of the marriage, with a decree nisi to issue forthwith and become absolute after thirty days. No orders as to costs were made.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated between the petitioner and respondent on 2nd January 1982 is dissolved.
  • Decree nisi to issue forthwith, to be made absolute after thirty (30) days.