[2006] KEHC 1648 (KLR)

[2006] KEHC 1648 (KLR)

The court found that the respondent deserted the petitioner in 2002 without reasonable cause and that the parties have lived separately for more than three years. The respondent did not contest the petition or provide any evidence to the contrary. The petitioner did not condone the desertion or collude in the...

Source-derived case information.

Citation
[2006] KEHC 1648 (KLR)
Parties
Petitioner: R.M.C; Respondent: S.M.C
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
20 July 2006
Case Number
Divorce Cause 5 of 2006
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed; marriage dissolved.
Judges
KH Rawal
Legal Topics
Divorce, Desertion, Irretrievable Breakdown, Marriage Dissolution
Source Language
english
Family and Children Divorce Desertion Irretrievable Breakdown Marriage Dissolution

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Summary, issues, holding and outcome

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Parties

R.M.C

Petitioner

S.M.C

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner without reasonable cause.
  2. 2 Whether the marriage has irretrievably broken down and should be dissolved.

Ratio Decidendi

The court found that the respondent deserted the petitioner in 2002 without reasonable cause and that the parties have lived separately for more than three years. The respondent did not contest the petition or provide any evidence to the contrary. The petitioner did not condone the desertion or collude in the proceedings. The court held that the marriage had irretrievably broken down due to the respondent's desertion and, as such, granted the dissolution of the marriage under the applicable law.

Court Disposition

Petition allowed; marriage dissolved.

Orders

  • The marriage solemnized between the parties is dissolved.
  • Decree nisi to be made absolute within 60 days from the date hereof.