[2014] KEHC 5199 (KLR)

[2014] KEHC 5199 (KLR)

The court found that the respondent deserted the petitioner in 2009, obtained a separation order, and has not returned to the matrimonial home. The evidence was uncontroverted as the respondent did not defend the petition. The court concluded that the marriage had broken down irretrievably and existed in name only....

Source-derived case information.

Citation
[2014] KEHC 5199 (KLR)
Parties
Petitioner: P B; Respondent: A W N B
Court
High Court
Court Station
High Court at Malindi
Jurisdiction
Kenya
Judgment Date
26 March 2014
Case Number
Divorce Cause 10 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for dissolution of marriage granted.
Judges
CW Meoli
Legal Topics
Divorce, Desertion, Irretrievable Breakdown of Marriage
Source Language
english
Family and Children Divorce Desertion Irretrievable Breakdown of Marriage

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Summary, issues, holding and outcome

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Parties

P B

Petitioner

A W N B

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner, thereby justifying dissolution of the marriage.
  2. 2 Whether the marriage has broken down irretrievably.

Ratio Decidendi

The court found that the respondent deserted the petitioner in 2009, obtained a separation order, and has not returned to the matrimonial home. The evidence was uncontroverted as the respondent did not defend the petition. The court concluded that the marriage had broken down irretrievably and existed in name only. Accordingly, the court granted the dissolution of the marriage as sought by the petitioner.

Court Disposition

Petition for dissolution of marriage granted.

Orders

  • Prayer (1) of the petition is granted: the marriage between the petitioner and respondent is dissolved.
  • Parties will bear their own costs.