[2013] KEHC 3002 (KLR)

[2013] KEHC 3002 (KLR)

The court found that the respondent deserted the matrimonial home without reasonable cause, failed to return or communicate her whereabouts, and has lived apart from the petitioner for over three years. The evidence of desertion and irretrievable breakdown of the marriage was unchallenged, and there was no evidence...

Source-derived case information.

Citation
[2013] KEHC 3002 (KLR)
Parties
Petitioner: R A M; Respondent: C L M
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
27 June 2013
Case Number
Divorce Cause 76 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
DN Musyoka
Legal Topics
Divorce, Desertion, Custody of Children
Source Language
english
Family and Children Divorce Desertion Custody of Children

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Summary, issues, holding and outcome

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Parties

R A M

Petitioner

C L M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the matrimonial home without reasonable cause.
  2. 2 Whether the marriage between the petitioner and respondent has irretrievably broken down.
  3. 3 Whether there was collusion or condonation between the parties in bringing the proceedings.

Ratio Decidendi

The court found that the respondent deserted the matrimonial home without reasonable cause, failed to return or communicate her whereabouts, and has lived apart from the petitioner for over three years. The evidence of desertion and irretrievable breakdown of the marriage was unchallenged, and there was no evidence of collusion or condonation. Accordingly, the court held that the legal grounds for dissolution of marriage had been established and granted the petition for divorce. The court also considered the welfare of the minor child and granted joint custody to both parties.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated between the petitioner and respondent on 8th June 1991 is hereby dissolved.
  • Decree nisi to issue forthwith, to be made absolute after thirty (30) days.