[2011] KEHC 1731 (KLR)
The court found that the petitioner had established, on a balance of probabilities, that the respondent deserted her without cause for a period exceeding three years and that all attempts at reconciliation had failed. The respondent, despite being served, did not contest the petition or provide any evidence to the...
Source-derived case information.
- Citation
- [2011] KEHC 1731 (KLR)
- Parties
- Petitioner: P.E.S; Respondent: E.V.S
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 131 of 2010
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- I Lenaola
- Legal Topics
- Divorce, Matrimonial Breakdown, Desertion, Irretrievable Breakdown of Marriage
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
P.E.S
Petitioner
E.V.S
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent deserted the petitioner without cause for a continuous period of more than three years.
- 2 Whether the marriage between the petitioner and respondent has irretrievably broken down and should be dissolved.
Ratio Decidendi
The court found that the petitioner had established, on a balance of probabilities, that the respondent deserted her without cause for a period exceeding three years and that all attempts at reconciliation had failed. The respondent, despite being served, did not contest the petition or provide any evidence to the contrary. The court concluded that the marriage had broken down beyond retrieval and that the legal requirements for dissolution on the ground of desertion were satisfied. Accordingly, the court granted a decree nisi for the dissolution of the marriage, to be made absolute within thirty days.
Court Disposition
petition allowed; marriage dissolved
Orders
- A decree nisi is issued forthwith and to be made absolute within thirty (30) days of this order.
- No order as to costs.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
DIVORCE CAUSE NO.131 OF 2010
P.E.S.....................................................................................................................PETITIONER
VERSUS
E.V.S.................................................................................................................RESPONDENT
J U D G M E N T
1. The Petition dated 13th October 2010 seeks orders that the marriage between the parties be dissolved. The grounds for divorce are set out at paragraph 7 thereof which reads as follows;
“The Respondent deserted the Petitioner without cause as from 30th June 2006 for a period of more than three (3) years and the particulars of desertion were;
(i)On or about 30th day of June 2006 after heated arguments the Respondent told the Petitioner to leave the matrimonial home and never to return home since [the] relationship between them had come to an end for ever, [and] he further told the Petitioner that she was at liberty to file Divorce proceedings; the Petitioner thereafter left the matrimonial home since there was no alternative left for her but to leave the Matrimonial home.
(ii)That the Petitioner later through elders of the Community attempted to reconcile with the Respondent and to return to the matrimonial home. The respondent however again made it clear to the petitioner and the elders of the Community that he was not interested in reconciling with the Petitioner and was not ready to live with the petitioner and had not done so till the date the Petition was filed.”
2. In evidence, the petitioner repeated the above assertions and added that she never colluded with the Respondent when filing the present Cause.
3. The Respondent although served, failed to reply to the Petition and there being no evidence to controvert the Petitioner’s case, I find that for the reasons set out above, the marriage between the petitioner and Respondent has broken down beyond retrieve and I shall quickly allow the orders of dissolution.
4. A decree nisi shall issue forthwith and to be made absolute within thirty (30) days of this order.
5. I shall make no order as to costs.
6. Orders accordingly.
DATED, DELIVERED AND SIGNED AT NAIROBI THIS 8th DAY OF JULY, 2011.
I.LENAOLA
JUDGE
CORAM
I.LENAOLA – JUDGE
David – Court Clerk
No appearance for Parties
ORDER
Judgment duly read.
I.LENAOLA
JUDGE