[2019] KEHC 11071 (KLR)
The court found that the parties had lived apart since 1992, a period of approximately 27 years, which constituted long desertion. The evidence established that the marriage had irretrievably broken down and could not be retrieved. On these grounds, the court ordered the dissolution of the marriage, issuing a decree...
Source-derived case information.
- Citation
- [2019] KEHC 11071 (KLR)
- Parties
- Petitioner: SKM1; Respondent: SMK2
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 146 of 2011
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition allowed. Marriage dissolved.
- Judges
- AO Muchelule, A Ali-Aroni
- Legal Topics
- Divorce, Irretrievable Breakdown of Marriage, Desertion, Adultery, Matrimonial Abuse
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SKM1
Petitioner
SMK2
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
- 2 Whether the respondent deserted the matrimonial home and committed adultery.
- 3 Whether the petitioner is entitled to dissolution of marriage.
Ratio Decidendi
The court found that the parties had lived apart since 1992, a period of approximately 27 years, which constituted long desertion. The evidence established that the marriage had irretrievably broken down and could not be retrieved. On these grounds, the court ordered the dissolution of the marriage, issuing a decree nisi to become absolute after 30 days.
Court Disposition
Petition allowed. Marriage dissolved.
Orders
- Decree nisi to issue and become absolute after 30 days.
- Costs shall follow the event.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CAUSE NO. 146 OF 2011
SKM1. ......................................PETITIONER
VERSUS
SMK2 ...................................RESPONDENT
JUDGMENT
1. The petitioner SKM1 and the respondent SMK2 got married on 16th April 1983 at the Registrar’s office in Nairobi. The marriage was not blessed with any issues. On 6th September 2011 the petitioner filed this petition seeking the dissolution of the marriage on the basis that the respondent had in 1992 deserted the matrimonial home and had not returned since; he had entered into an adulterous relationship with another woman; had verbally and physically abused the petitioner; and so on. The respondent filed an answer to the petition and a cross-petition. He denied the allegations by the petitioner. In the cross- petition he alleged that the petitioner had abandoned the matrimonial home in 1992 and relocated outside the country. He claimed that the desertion had caused grave anxiety and mental anguish to him. His case was that the marriage had irretrievably broken down. He sought its dissolution.
2. The petitioner attended court and testified. The respondent did not attend. The petitioner stated that in 1992 the respondent left the matrimonial home and went to stay with another woman. He did not return. Before this, he had been abusive, would beat her and not provide for her. She stays in the United Kingdom. According to her the marriage cannot be mended.
3. It is clear that the couple has lived apart since 1992. That is about 27 years. Such a relationship cannot be retrieved. On the grounds of long desertion and that the marriage has irretrievably broken down, I order dissolution. Decree nisi shall issue and become absolute after 30 days.
4. Costs shall follow the event.
DATED and SIGNED at Nairobi this 19TH day of FEBRUARY 2019
A.O. MUCHELULE
JUDGE
DATED and DELIVERED at Nairobi this 21ST day of FEBRUARY 2019
ALI-ARONI
JUDGE