[2014] KEHC 5996 (KLR)

[2014] KEHC 5996 (KLR)

The court found that the Respondent deserted the Petitioner shortly after the marriage, with the parties living together for less than one year and being separated for over ten years. The Respondent's absence, lack of conjugal relations, and stated intention not to return to Kenya demonstrated that the marriage had irretrievably broken down. The Petitioner established the matrimonial offence of desertion, and no evidence was presented to the contrary. The court concluded that the marriage could not be salvaged and granted the petition for divorce.

Citation
[2014] KEHC 5996 (KLR)
Parties
Petitioner: S M M; Respondent: A P B
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
20 March 2014
Case Number
Divorce Cause 218 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for divorce granted; marriage dissolved.
Judges
LK Kimaru
Legal Topics
Divorce, Matrimonial Offences, Desertion, Irretrievable Breakdown of Marriage
Source Language
English
Family and Children Divorce Matrimonial Offences Desertion Irretrievable Breakdown of Marriage

Case Brief

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Parties

S M M

Petitioner

A P B

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent deserted the Petitioner, constituting a matrimonial offence.
  2. 2 Whether the marriage has irretrievably broken down, warranting dissolution.

Ratio Decidendi

The court found that the Respondent deserted the Petitioner shortly after the marriage, with the parties living together for less than one year and being separated for over ten years. The Respondent's absence, lack of conjugal relations, and stated intention not to return to Kenya demonstrated that the marriage had irretrievably broken down. The Petitioner established the matrimonial offence of desertion, and no evidence was presented to the contrary. The court concluded that the marriage could not be salvaged and granted the petition for divorce.

Court Disposition

Petition for divorce granted; marriage dissolved.

Orders

  • The marriage celebrated on 14th November 2002 at the Registrar’s Office in Nairobi between the Petitioner and the Respondent is dissolved.
  • Decree nisi dissolving the said marriage is issued.