[2011] KEHC 1436 (KLR)

[2011] KEHC 1436 (KLR)

The court found that the respondent deserted the matrimonial home in July 2002 and had not returned for over nine years, despite the petitioner's continued support and the respondent's visits to Kenya. The respondent's failure to return or make efforts to resume cohabitation demonstrated a clear intention to permanently abandon the marriage. The petitioner established, on a balance of probabilities, the matrimonial offence of desertion. Consequently, the marriage had irretrievably broken down and was dissolved on the ground of desertion.

Citation
[2011] KEHC 1436 (KLR)
Parties
Petitioner: N.Y; Respondent: W.E.M
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
13 May 2011
Case Number
Divorce Cause 176 of 2009
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Divorce, Matrimonial Offences, Desertion, Irretrievable Breakdown
Source Language
English
Family and Children Divorce Matrimonial Offences Desertion Irretrievable Breakdown

Case Brief

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Parties

N.Y

Petitioner

W.E.M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the matrimonial home without reasonable cause.
  2. 2 Whether the marriage has irretrievably broken down due to desertion.
  3. 3 Whether the petitioner is entitled to a decree of divorce on the ground of desertion.

Ratio Decidendi

The court found that the respondent deserted the matrimonial home in July 2002 and had not returned for over nine years, despite the petitioner's continued support and the respondent's visits to Kenya. The respondent's failure to return or make efforts to resume cohabitation demonstrated a clear intention to permanently abandon the marriage. The petitioner established, on a balance of probabilities, the matrimonial offence of desertion. Consequently, the marriage had irretrievably broken down and was dissolved on the ground of desertion.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage solemnized between the petitioner and the respondent on 20th March 1998 at the Registrar’s office in Nairobi is hereby dissolved.
  • Decree nisi dissolving the said marriage is hereby issued.