[2014] KEHC 3218 (KLR)

[2014] KEHC 3218 (KLR)

The court found that the respondent deserted the matrimonial home in May 2008 and has not returned, and that the parties have lived apart since then. The respondent did not contest the petition or provide any evidence to the contrary. The court was satisfied that the marriage had irretrievably broken down, there was no collusion between the parties, and the petitioner had not condoned the respondent's desertion. Accordingly, the court held that the legal requirements for dissolution of marriage on the ground of desertion had been met and granted the decree nisi, to be made absolute after thirty days.

Citation
[2014] KEHC 3218 (KLR)
Parties
Petitioner: P B.; Respondent: S V
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
14 August 2014
Case Number
Divorce Cause 35 of 2014
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
DN Musyoka
Legal Topics
Divorce, Matrimonial Breakdown, Desertion, Marriage Dissolution
Source Language
English
Family and Children Divorce Matrimonial Breakdown Desertion Marriage Dissolution

Case Brief

Summary, issues, holding and outcome

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Parties

P B.

Petitioner

S V

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the matrimonial home, thereby justifying dissolution of the marriage.
  2. 2 Whether the marriage has irretrievably broken down under the law.

Ratio Decidendi

The court found that the respondent deserted the matrimonial home in May 2008 and has not returned, and that the parties have lived apart since then. The respondent did not contest the petition or provide any evidence to the contrary. The court was satisfied that the marriage had irretrievably broken down, there was no collusion between the parties, and the petitioner had not condoned the respondent's desertion. Accordingly, the court held that the legal requirements for dissolution of marriage on the ground of desertion had been met and granted the decree nisi, to be made absolute after thirty days.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated between the petitioner and respondent on 5th April 2003 is dissolved.
  • Decree nisi to issue forthwith and to be made absolute after thirty (30) days.