[2015] KEHC 7225 (KLR)

[2015] KEHC 7225 (KLR)

The court found that the Petitioner and Respondent were lawfully married and that the Respondent deserted the Petitioner in December 2005, remaining apart for over six years. The Respondent's failure to answer the petition or participate in the proceedings, despite due service, reinforced the inference of desertion. The court applied Section 66 of the Marriage Act 2014, which allows for dissolution of marriage on grounds of desertion for at least three years or irretrievable breakdown. The evidence adduced by the Petitioner was unchallenged and sufficient to establish desertion and irretrievable breakdown of the marriage. The court concluded that the statutory requirements for dissolution...

Citation
[2015] KEHC 7225 (KLR)
Parties
Petitioner: P D F aka P D M; Respondent: E C M
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
24 April 2015
Case Number
Divorce Cause 29 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed; marriage dissolved.
Judges
MW Muigai
Legal Topics
Divorce, Desertion, Irretrievable Breakdown, Matrimonial Offences
Source Language
English
Family and Children Divorce Desertion Irretrievable Breakdown Matrimonial Offences

Case Brief

Summary, issues, holding and outcome

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Parties

P D F aka P D M

Petitioner

E C M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Petitioner has adduced sufficient evidence to warrant the grant of a divorce on the ground of desertion.
  2. 2 Whether the marriage has irretrievably broken down.

Ratio Decidendi

The court found that the Petitioner and Respondent were lawfully married and that the Respondent deserted the Petitioner in December 2005, remaining apart for over six years. The Respondent's failure to answer the petition or participate in the proceedings, despite due service, reinforced the inference of desertion. The court applied Section 66 of the Marriage Act 2014, which allows for dissolution of marriage on grounds of desertion for at least three years or irretrievable breakdown. The evidence adduced by the Petitioner was unchallenged and sufficient to establish desertion and irretrievable breakdown of the marriage. The court concluded that the statutory requirements for dissolution...

Court Disposition

Petition allowed; marriage dissolved.

Orders

  • Decree nisi to issue forthwith.
  • Decree absolute to issue within 30 days.