[2013] KEHC 3331 (KLR)

[2013] KEHC 3331 (KLR)

The court found that the parties had not cohabited as husband and wife for over 30 years, with the respondent relocating after his release from prison and marrying another woman. Despite occasional visits and family gatherings, the evidence established that the respondent had deserted the petitioner within the meaning of the Matrimonial Causes Act. The court held that the marriage had irretrievably broken down, and no reconciliation efforts had succeeded over the years. The respondent's religious objections and offers of property did not negate the fact of desertion. The court concluded that the petitioner had proved her case on a balance of probabilities, warranting dissolution of the...

Citation
[2013] KEHC 3331 (KLR)
Parties
Applicant: TMS; Respondent: ZBS
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Judgment Date
29 May 2013
Case Number
Divorce Cause 4 of 2002
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Divorce, Desertion, Matrimonial Causes Act, Irretrievable Breakdown, Cohabitation, Marriage Dissolution
Source Language
English
Family and Children Divorce Desertion Matrimonial Causes Act Irretrievable Breakdown Cohabitation Marriage Dissolution

Case Brief

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Parties

TMS

Applicant

ZBS

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner for a continuous period of at least three years preceding the petition.
  2. 2 Whether the petitioner has proved grounds for dissolution of marriage under the Matrimonial Causes Act.
  3. 3 Whether the marriage has irretrievably broken down.

Ratio Decidendi

The court found that the parties had not cohabited as husband and wife for over 30 years, with the respondent relocating after his release from prison and marrying another woman. Despite occasional visits and family gatherings, the evidence established that the respondent had deserted the petitioner within the meaning of the Matrimonial Causes Act. The court held that the marriage had irretrievably broken down, and no reconciliation efforts had succeeded over the years. The respondent's religious objections and offers of property did not negate the fact of desertion. The court concluded that the petitioner had proved her case on a balance of probabilities, warranting dissolution of the...

Court Disposition

petition allowed; marriage dissolved

Orders

  • A decree nisi shall issue dissolving the marriage between the petitioner and the respondent.
  • Either party is at liberty to apply to have the decree made absolute upon expiry of six months from the date of judgment.