[2013] KEHC 2999 (KLR)

[2013] KEHC 2999 (KLR)

The court found that the respondent had deserted the petitioner since November 2005 and had committed adultery, as evidenced by the petitioner's uncontested testimony. There was no evidence of collusion or condonation by the petitioner. The marriage had irretrievably broken down, and the grounds for dissolution under the Marriage Act were satisfied. The court therefore decreed that the marriage be dissolved, with a decree nisi to issue forthwith and to be made absolute after thirty days. No order was made as to costs.

Citation
[2013] KEHC 2999 (KLR)
Parties
Petitioner: N.N.G; Respondent: D.M.N
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
27 June 2013
Case Number
Divorce Cause 184 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
DN Musyoka
Legal Topics
Divorce, Adultery, Desertion, Irretrievable Breakdown of Marriage
Source Language
English
Family and Children Divorce Adultery Desertion Irretrievable Breakdown of Marriage

Case Brief

Summary, issues, holding and outcome

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Parties

N.N.G

Petitioner

D.M.N

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner, thereby justifying dissolution of marriage.
  2. 2 Whether the respondent committed adultery, constituting a ground for divorce.
  3. 3 Whether there was collusion or condonation by the petitioner.

Ratio Decidendi

The court found that the respondent had deserted the petitioner since November 2005 and had committed adultery, as evidenced by the petitioner's uncontested testimony. There was no evidence of collusion or condonation by the petitioner. The marriage had irretrievably broken down, and the grounds for dissolution under the Marriage Act were satisfied. The court therefore decreed that the marriage be dissolved, with a decree nisi to issue forthwith and to be made absolute after thirty days. No order was made as to costs.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated between the petitioner and respondent on 22nd May 1998 is hereby dissolved.
  • Decree nisi to issue forthwith and to be made absolute after thirty (30) days.