[2014] KEHC 3442 (KLR)

[2014] KEHC 3442 (KLR)

The court found that the marriage between the Petitioner and Respondent had irretrievably broken down, as evidenced by the parties' prolonged separation, mutual allegations of misconduct, and lack of cohabitation since the marriage. The Petitioner established the ground of constructive desertion to the required...

Source-derived case information.

Citation
[2014] KEHC 3442 (KLR)
Parties
Petitioner: S W; Respondent: M A J
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
31 July 2014
Case Number
Divorce Cause 20 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for divorce granted; marriage dissolved; maintenance for child ordered.
Judges
LK Kimaru
Legal Topics
Divorce, Maintenance of Child, Constructive Desertion
Source Language
english
Family and Children Divorce Maintenance of Child Constructive Desertion

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Parties

S W

Petitioner

M A J

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the Petitioner and Respondent has irretrievably broken down.
  2. 2 Whether the Petitioner established grounds for divorce, including constructive desertion and adultery.
  3. 3 Whether the Respondent is entitled to maintenance for the child of the marriage.

Ratio Decidendi

The court found that the marriage between the Petitioner and Respondent had irretrievably broken down, as evidenced by the parties' prolonged separation, mutual allegations of misconduct, and lack of cohabitation since the marriage. The Petitioner established the ground of constructive desertion to the required standard of proof, and his testimony was uncontroverted. The Respondent did not adduce evidence to challenge the petition for divorce. The court therefore granted the petition for divorce and ordered the dissolution of the marriage. Additionally, the court ordered the Petitioner to pay Kshs.30,000 per month for the maintenance of the child, as agreed by both parties.

Court Disposition

Petition for divorce granted; marriage dissolved; maintenance for child ordered.

Orders

  • The marriage celebrated on 12th January 2010 at the Registrar’s Office in Kisumu between the Petitioner and the Respondent is hereby dissolved.
  • Decree nisi dissolving the said marriage is hereby issued and shall be made absolute thirty (30) days from the date of this judgment.