[2012] KEHC 5245 (KLR)

[2012] KEHC 5245 (KLR)

The court found that the respondent had deserted the petitioner for a period exceeding three years prior to the filing of the petition, and had failed to return to the matrimonial home without cause. The evidence of desertion was unchallenged, as the respondent neither filed a response nor appeared in court. The court was satisfied that the marriage had irretrievably broken down due to the respondent's desertion, and therefore granted a decree nisi for the dissolution of the marriage, to be made absolute within thirty days.

Citation
[2012] KEHC 5245 (KLR)
Parties
Petitioner: P. M. J.; Respondent: N. H. P.
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
13 January 2012
Case Number
Divorce Cause 117 of 2009
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
I Lenaola
Legal Topics
Divorce, Matrimonial Breakdown, Desertion, Dissolution of Marriage
Source Language
English
Family and Children Divorce Matrimonial Breakdown Desertion Dissolution of Marriage

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

P. M. J.

Petitioner

N. H. P.

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has irretrievably broken down due to desertion.
  2. 2 Whether the petitioner is entitled to a decree of divorce based on the respondent's desertion.

Ratio Decidendi

The court found that the respondent had deserted the petitioner for a period exceeding three years prior to the filing of the petition, and had failed to return to the matrimonial home without cause. The evidence of desertion was unchallenged, as the respondent neither filed a response nor appeared in court. The court was satisfied that the marriage had irretrievably broken down due to the respondent's desertion, and therefore granted a decree nisi for the dissolution of the marriage, to be made absolute within thirty days.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • Decree nisi to issue forthwith and to be made absolute within thirty days.