[2013] KEHC 795 (KLR)

[2013] KEHC 795 (KLR)

The court found that the Petitioner and Respondent only cohabited for one month before the Respondent relocated to the United States and that they had been separated for over three years. The Respondent's absence, lack of intention to resume cohabitation, and refusal to allow the Petitioner to join him constituted...

Source-derived case information.

Citation
[2013] KEHC 795 (KLR)
Parties
Petitioner: P A; Respondent: A O O
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
22 November 2013
Case Number
Divorce Cause 86 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
petition for divorce granted; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Matrimonial Offences, Desertion, Irretrievable Breakdown, Marriage Dissolution
Source Language
english
Family and Children Divorce Matrimonial Offences Desertion Irretrievable Breakdown Marriage Dissolution

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Summary, issues, holding and outcome

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Parties

P A

Petitioner

A O O

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent deserted the matrimonial home, constituting a matrimonial offence.
  2. 2 Whether the marriage between the Petitioner and Respondent has irretrievably broken down, warranting dissolution.

Ratio Decidendi

The court found that the Petitioner and Respondent only cohabited for one month before the Respondent relocated to the United States and that they had been separated for over three years. The Respondent's absence, lack of intention to resume cohabitation, and refusal to allow the Petitioner to join him constituted desertion and demonstrated that the marriage had irretrievably broken down. The Petitioner established the matrimonial offence of desertion, and the court was satisfied that there was no possibility of reconciliation. Accordingly, the court granted the petition for divorce and ordered the dissolution of the marriage.

Court Disposition

petition for divorce granted; marriage dissolved

Orders

  • The marriage celebrated on 30th April 2010 between the Petitioner and Respondent is dissolved.
  • Decree nisi dissolving the marriage is issued.