[2014] KEHC 8466 (KLR)
The court found that the respondent deserted the petitioner in February 2011, refused to return despite the petitioner's efforts, and that the parties have lived apart since then with no sexual contact. The evidence of desertion was not rebutted. The court held that the marriage had irretrievably broken down and...
Source-derived case information.
- Citation
- [2014] KEHC 8466 (KLR)
- Parties
- Petitioner: R S; Respondent: N A
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 95 of 2014
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- AO Muchelule
- Legal Topics
- Divorce, Desertion, Irretrievable Breakdown of Marriage
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
R S
Petitioner
N A
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent deserted the petitioner, thereby justifying dissolution of the marriage.
- 2 Whether the marriage has irretrievably broken down.
Ratio Decidendi
The court found that the respondent deserted the petitioner in February 2011, refused to return despite the petitioner's efforts, and that the parties have lived apart since then with no sexual contact. The evidence of desertion was not rebutted. The court held that the marriage had irretrievably broken down and that the legal requirements for dissolution on the ground of desertion were satisfied. Accordingly, the court allowed the petition and ordered the dissolution of the marriage.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage between the petitioner and respondent is dissolved.
- Decree nisi to issue and become absolute after 30 days.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CAUSE NO. 95 OF 2014
R S...................................…............PETITIONER
VERSUS
N A...............….........………........RESPONDENT
JUDGMENT
The petitioner and the respondent got married on 8th December 2010 at the Registrar’s office in Nairobi and begun to stay at Apartment [particulars withheld] on LR No. [Particulars withheld].
In February 2011 the respondent left the matrimonial home citing cultural differences. She refused to return, despite efforts from the petitioner. Since then the parties have lived apart. The petitioner seeks divorce on grounds of desertion and that the marriage has irretrievably broken down. There has been no sexual contact between them since then. The marriage has no issue. The evidence of the petitioner was not rebutted.
On the basis of desertion, I allow the petition. I find that the marriage has broken down beyond repair. The marriage is hereby dissolved. Decree nisi shall issue. The same shall become absolute after 30 days.
DATED and DELIVERED at NAIROBI this 30th October, 2014
A.O. MUCHELULE
JUDGE